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
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