1-1 By: Moncrief S.B. No. 841
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 20, 1993, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; April 20, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to authorizing certain courts to employ peace officers.
1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. Chapter 53, Government Code, is amended by adding
1-20 Subchapter F to read as follows:
1-21 SUBCHAPTER F. APPELLATE COURT PEACE OFFICERS
1-22 Sec. 53.091. EMPLOYMENT. (a) The supreme court, the court
1-23 of criminal appeals, and each of the courts of appeals may employ
1-24 and commission a peace officer to protect the court.
1-25 (b) A peace officer commissioned under this section holds
1-26 office at the will of the court served by the officer.
1-27 (c) A person may not be commissioned as a peace officer
1-28 under this section unless the person meets all standards for
1-29 licensing as a peace officer by the Commission on Law Enforcement
1-30 Officer Standards and Education.
1-31 Sec. 53.092. POWERS AND DUTIES. Any peace officer
1-32 commissioned under this section shall be vested with all the
1-33 rights, privileges, obligations, and duties of any other peace
1-34 officer in this state while on the property under the control of
1-35 the court or acting in the actual course and scope of employment.
1-36 SECTION 2. Article 2.12, Code of Criminal Procedure, is
1-37 amended to read as follows:
1-38 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
1-39 officers:
1-40 (1) sheriffs and their deputies;
1-41 (2) constables and deputy constables;
1-42 (3) marshals or police officers of an incorporated
1-43 city, town, or village;
1-44 (4) rangers and officers commissioned by the Public
1-45 Safety Commission and the Director of the Department of Public
1-46 Safety;
1-47 (5) investigators of the district attorneys', criminal
1-48 district attorneys', and county attorneys' offices;
1-49 (6) law enforcement agents of the Texas Alcoholic
1-50 Beverage Commission;
1-51 (7) each member of an arson investigating unit
1-52 commissioned by a city, a county, or the state;
1-53 (8) officers commissioned under Subchapter E, Chapter
1-54 51, Education Code;
1-55 (9) officers commissioned by the State Purchasing and
1-56 General Services Commission;
1-57 (10) law enforcement officers commissioned by the
1-58 Parks and Wildlife Commission;
1-59 (11) airport police officers commissioned by a city
1-60 with a population of more than one million, according to the most
1-61 recent federal census, that operates an airport that serves
1-62 commercial air carriers;
1-63 (12) airport security personnel commissioned as peace
1-64 officers by the governing body of any political subdivision of this
1-65 state, other than a city described by Subdivision (11), that
1-66 operates an airport that serves commercial air carriers;
1-67 (13) municipal park and recreational patrolmen and
1-68 security officers;
2-1 (14) security officers commissioned as peace officers
2-2 by the State Treasurer;
2-3 (15) officers commissioned by a water control and
2-4 improvement district under Section 51.132, Water Code;
2-5 (16) officers commissioned by a board of trustees
2-6 under Chapter 341, Acts of the 57th Legislature, Regular Session,
2-7 1961 (Article 1187f, Vernon's Texas Civil Statutes);
2-8 (17) investigators commissioned by the Texas State
2-9 Board of Medical Examiners;
2-10 (18) officers commissioned by the board of managers of
2-11 the Dallas County Hospital District, the Tarrant County Hospital
2-12 District, or the Bexar County Hospital District under Section
2-13 281.057, Health and Safety Code;
2-14 (19) county park rangers commissioned under Subchapter
2-15 E, Chapter 351, Local Government Code;
2-16 (20) investigators employed by the Texas Racing
2-17 Commission;
2-18 (21) officers commissioned by the State Board of
2-19 Pharmacy;
2-20 (22) officers commissioned by the governing body of a
2-21 metropolitan rapid transit authority under Section 13, Chapter 141,
2-22 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
2-23 Vernon's Texas Civil Statutes), or by a regional transportation
2-24 authority under Section 10, Chapter 683, Acts of the 66th
2-25 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
2-26 Civil Statutes);
2-27 (23) officers commissioned by the Texas High-Speed
2-28 Rail Authority;
2-29 (24) investigators commissioned by the attorney
2-30 general under Section 402.009, Government Code; <and>
2-31 (25) security officers and investigators commissioned
2-32 as peace officers under the State Lottery Act; and
2-33 (26) officers appointed by an appellate court under
2-34 Subchapter F, Chapter 53, Government Code.
2-35 SECTION 3. This Act takes effect September 1, 1993.
2-36 SECTION 4. The importance of this legislation and the
2-37 crowded condition of the calendars in both houses create an
2-38 emergency and an imperative public necessity that the
2-39 constitutional rule requiring bills to be read on three several
2-40 days in each house be suspended, and this rule is hereby suspended,
2-41 and that this Act take effect and be in force from and after its
2-42 passage, and it is so enacted.
2-43 * * * * *
2-44 Austin,
2-45 Texas
2-46 April 20, 1993
2-47 Hon. Bob Bullock
2-48 President of the Senate
2-49 Sir:
2-50 We, your Committee on Jurisprudence to which was referred S.B.
2-51 No. 841, have had the same under consideration, and I am instructed
2-52 to report it back to the Senate with the recommendation that it do
2-53 pass and be printed.
2-54 Henderson,
2-55 Chairman
2-56 * * * * *
2-57 WITNESSES
2-58 FOR AGAINST ON
2-59 ___________________________________________________________________
2-60 Name: Jimmy Carroll x
2-61 Representing: Self
2-62 City: Austin
2-63 -------------------------------------------------------------------