By: Whitmire S.B. No. 430
73R1727 CAE-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the commission and duties of school district peace
1-3 officers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.483, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 21.483. SCHOOL DISTRICT PEACE OFFICERS <CAMPUS SECURITY
1-8 PERSONNEL>. (a) The board of trustees of any school district may
1-9 employ and commission peace officers <campus security personnel>
1-10 for the purpose of carrying out the provisions of this subchapter.
1-11 The jurisdiction of a peace officer commissioned under this section
1-12 includes all territory in the boundaries of the school district and
1-13 all property, real and personal, outside the boundaries of the
1-14 district that is owned, leased, or rented by or otherwise under the
1-15 control of the school district and the board of trustees that
1-16 employ the peace officer.
1-17 (b) In a peace officer's jurisdiction, a peace officer
1-18 commissioned under this section:
1-19 (1) has the powers, privileges, and immunities of
1-20 peace officers;
1-21 (2) may enforce all laws, including municipal
1-22 ordinances, county ordinances, and state laws; and
1-23 (3) may, in accordance with Chapter 52, Family Code,
1-24 take a juvenile into custody.
2-1 (c) A school district peace officer may provide assistance
2-2 to another law enforcement agency. A school district may contract
2-3 with a political subdivision for the jurisdiction of a school
2-4 district peace officer to include all territory in the jurisdiction
2-5 of the political subdivision.
2-6 (d) A school district peace officer shall perform
2-7 administrative and law enforcement duties for the school district
2-8 as determined by the board of trustees of the school district.
2-9 These duties must include protecting:
2-10 (1) the safety and welfare of any person in the
2-11 jurisdiction of the peace officer; and
2-12 (2) the property, real and personal, of the school
2-13 district.
2-14 (e) <and if the board of trustees authorizes any officer to
2-15 bear arms then they must commission them as peace officers. Any
2-16 officer commissioned under this section is vested with all the
2-17 powers, privileges, and immunities of peace officers while on the
2-18 property under the control and jurisdiction of the district or
2-19 otherwise in the performance of his duties.> Any officer assigned
2-20 to duty and commissioned shall take and file the oath required of
2-21 peace officers, and shall execute and file a good and sufficient
2-22 bond in the sum of $1,000, payable to the board of trustees, with
2-23 two or more good and sufficient sureties, conditioned that he will
2-24 fairly, impartially, and faithfully perform all the duties that may
2-25 be required of him by law. The bond may be sued on from time to
2-26 time in the name of any person injured until the whole amount of
2-27 the bond is recovered. Any peace officer commissioned under this
3-1 section must meet all minimum standards for peace officers
3-2 established by the Commission on Law Enforcement Officer Standards
3-3 and Education <within one year of his commission, or his commission
3-4 shall automatically expire>.
3-5 (f) In this section, "political subdivision" means a county,
3-6 municipality, special district, school district, junior college
3-7 district, or other legally constituted political subdivision of the
3-8 state.
3-9 SECTION 2. Section 52.01(a), Family Code, is amended to read
3-10 as follows:
3-11 (a) A child may be taken into custody:
3-12 (1) pursuant to an order of the juvenile court under
3-13 the provisions of this subtitle;
3-14 (2) pursuant to the laws of arrest;
3-15 (3) by a law-enforcement officer, including a school
3-16 district peace officer commissioned under Section 21.483, Education
3-17 Code, if there are reasonable grounds to believe that the child has
3-18 engaged in delinquent conduct or conduct indicating a need for
3-19 supervision; or
3-20 (4) by a probation officer if there are reasonable
3-21 grounds to believe that the child has violated a condition of
3-22 probation imposed by the juvenile court.
3-23 SECTION 3. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended,
4-1 and that this Act take effect and be in force from and after its
4-2 passage, and it is so enacted.