1-1 By: Carriker S.B. No. 157
1-2 (In the Senate - Filed January 22, 1993; January 25, 1993,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; February 18, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 10, Nays 0;
1-6 February 18, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 157 By: Carriker
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to peace officers of medical facilities in certain
1-24 municipalities.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Subchapter A, Chapter 311, Health and Safety
1-27 Code, is amended by adding Section 311.004 to read as follows:
1-28 Sec. 311.004. PEACE OFFICERS OF HOSPITALS IN CERTAIN
1-29 MUNICIPALITIES. (a) A hospital in a municipality with a
1-30 population of 50,000 or more may employ and commission a peace
1-31 officer to protect the hospital.
1-32 (b) The primary jurisdiction of a peace officer commissioned
1-33 by a hospital under this section includes:
1-34 (1) the property of the hospital; and
1-35 (2) any public street or alley that is contiguous to
1-36 hospital property but not extending beyond the hospital property.
1-37 (c) Within a peace officer's primary jurisdiction, a peace
1-38 officer commissioned under this section:
1-39 (1) is vested with all the powers, privileges, and
1-40 immunities of peace officers;
1-41 (2) may, in accordance with Chapter 14, Code of
1-42 Criminal Procedure, arrest without a warrant any person who
1-43 violates a law of the state; and
1-44 (3) may enforce all traffic laws on streets and
1-45 highways.
1-46 (d) Outside a peace officer's primary jurisdiction a peace
1-47 officer commissioned under this section is vested with all the
1-48 powers, privileges, and immunities of peace officers and may arrest
1-49 any person who violates any law of the state if the peace officer:
1-50 (1) is summoned by a law enforcement agency to provide
1-51 assistance; or
1-52 (2) is assisting a law enforcement agency.
1-53 (e) In this section, "hospital" means a general or a special
1-54 hospital.
1-55 SECTION 2. Article 2.12, Code of Criminal Procedure, is
1-56 amended to read as follows:
1-57 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
1-58 officers:
1-59 (1) sheriffs and their deputies;
1-60 (2) constables and deputy constables;
1-61 (3) marshals or police officers of an incorporated
1-62 city, town, or village;
1-63 (4) rangers and officers commissioned by the Public
1-64 Safety Commission and the Director of the Department of Public
1-65 Safety;
1-66 (5) investigators of the district attorneys', criminal
1-67 district attorneys', and county attorneys' offices;
1-68 (6) law enforcement agents of the Texas Alcoholic
2-1 Beverage Commission;
2-2 (7) each member of an arson investigating unit
2-3 commissioned by a city, a county, or the state;
2-4 (8) officers commissioned under Subchapter E, Chapter
2-5 51, Education Code;
2-6 (9) officers commissioned by the State Purchasing and
2-7 General Services Commission;
2-8 (10) law enforcement officers commissioned by the
2-9 Parks and Wildlife Commission;
2-10 (11) airport police officers commissioned by a city
2-11 with a population of more than one million, according to the most
2-12 recent federal census, that operates an airport that serves
2-13 commercial air carriers;
2-14 (12) airport security personnel commissioned as peace
2-15 officers by the governing body of any political subdivision of this
2-16 state, other than a city described by Subdivision (11), that
2-17 operates an airport that serves commercial air carriers;
2-18 (13) municipal park and recreational patrolmen and
2-19 security officers;
2-20 (14) security officers commissioned as peace officers
2-21 by the State Treasurer;
2-22 (15) officers commissioned by a water control and
2-23 improvement district under Section 51.132, Water Code;
2-24 (16) officers commissioned by a board of trustees
2-25 under Chapter 341, Acts of the 57th Legislature, Regular Session,
2-26 1961 (Article 1187f, Vernon's Texas Civil Statutes);
2-27 (17) investigators commissioned by the Texas State
2-28 Board of Medical Examiners;
2-29 (18) officers commissioned by the board of managers of
2-30 the Dallas County Hospital District, the Tarrant County Hospital
2-31 District, or the Bexar County Hospital District under
2-32 Section 281.057, Health and Safety Code;
2-33 (19) county park rangers commissioned under Subchapter
2-34 E, Chapter 351, Local Government Code;
2-35 (20) investigators employed by the Texas Racing
2-36 Commission;
2-37 (21) officers commissioned by the State Board of
2-38 Pharmacy;
2-39 (22) officers commissioned by the governing body of a
2-40 metropolitan rapid transit authority under Section 13, Chapter 141,
2-41 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
2-42 Vernon's Texas Civil Statutes), or by a regional transportation
2-43 authority under Section 10, Chapter 683, Acts of the 66th
2-44 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
2-45 Civil Statutes);
2-46 (23) officers commissioned by the Texas High-Speed
2-47 Rail Authority;
2-48 (24) investigators commissioned by the attorney
2-49 general under Section 402.009, Government Code; <and>
2-50 (25) security officers and investigators commissioned
2-51 as peace officers under the State Lottery Act; and
2-52 (26) officers commissioned by a hospital under Section
2-53 311.004, Health and Safety Code.
2-54 SECTION 3. Section 51.214, Education Code, is repealed.
2-55 SECTION 4. The importance of this legislation and the
2-56 crowded condition of the calendars in both houses create an
2-57 emergency and an imperative public necessity that the
2-58 constitutional rule requiring bills to be read on three several
2-59 days in each house be suspended, and this rule is hereby suspended,
2-60 and that this Act take effect and be in force from and after its
2-61 passage, and it is so enacted.
2-62 * * * * *
2-63 Austin,
2-64 Texas
2-65 February 18,
2-66 1993
2-67 Hon. Bob Bullock
2-68 President of the Senate
2-69 Sir:
2-70 We, your Committee on Intergovernmental Relations to which was
3-1 referred S.B. No. 157, have had the same under consideration, and I
3-2 am instructed to report it back to the Senate with the
3-3 recommendation that it do not pass, but that the Committee
3-4 Substitute adopted in lieu thereof do pass and be printed.
3-5 Armbrister,
3-6 Chairman
3-7 * * * * *
3-8 WITNESSES
3-9 FOR AGAINST ON
3-10 ___________________________________________________________________
3-11 Name: David Marwitz x
3-12 Representing: Texas Hospital Association
3-13 City: Austin
3-14 -------------------------------------------------------------------
3-15 Name: Roger P. Dickey x
3-16 Representing: Hendrick Medical Center
3-17 City: Abilene
3-18 -------------------------------------------------------------------
3-19 Name: Charles Barrett x
3-20 Representing: Texas Commission on Laws
3-21 Enfo
3-22 City: Austin
3-23 -------------------------------------------------------------------