BILL ANALYSIS



H.B. 552
By: Hunter, Bob
03-27-95
Committee Report (Amended)


BACKGROUND

As violent incidents at hospitals continue to increase in frequency
and intensity, the lives of medical staff, patients, visitors, and
other hospital employees continue to be placed at risk.

Some hospitals have established police agencies under Chapter 51 of
the Education Code, while others hire off-duty police officers
and/or security officers.  The Education Code does have provisions
for hospitals to have police agencies if that hospital qualifies as
an institution of higher education.  Other hospitals are authorized
to hire city police officers if the city has a population of more
than 1,200,000.  

Those hospitals that utilize security officers licensed under the
Texas Private Investigators and Private Security Act have found
this to be insufficient because security officers are only
authorized to make citizens arrests.  These limitations prevent
hospitals from taking proactive measures in providing well-trained
police protection for their patients and other citizens.

PURPOSE

This legislation works to help address the rising tide of violence
in hospitals by permitting hospitals in municipalities of 45,000 or
more to commission peace officers.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 311, Health and Safety
Code by:
(a)  allowing the governing board of a hospital in a municipality
with a population        larger than 50,000 to commission peace
officers to protect the facility;
(b)  requiring that hospitals commissioning officers under this
section pay all               certification and licensing fees
charged by the Texas Commission on Law            Enforcement
Officer Standards and Education;
(c)  defining the primary jurisdiction of peace officers
commissioned under this 
section as the property owned or controlled by the hospital and
any part of a public          street of alley that is contiguous
to the hospital property;
(d)  defining the authority of peace officers commissioned under
this section when they are within their primary jurisdiction;
(e)  defining the authority of peace officers commissioned under
this section when they are outside of their primary jurisdiction;
and
(f)  defining hospital using the definition found in Section
311.031.

SECTION 2.  Amends Section 2.12, Code of Criminal Procedure
adding officers commissioned under Section 311.004, Health and
Safety Code, to the list of officially designated peace officers.


SECTION 3.  Emergency Clause.

EXPLANATION OF AMENDMENTS

Amendment #1 strikes on page 1, line 8, the number "50,000" and
substitutes the word "45,000".  The intent is to allow smaller
municipalities to employ and commission peace officers to protect
the hospital.

SUMMARY OF COMMITTEE ACTION

H.B. 552 was considered by the Committee on Public Safety in a
public hearing held on March 14, 1995.

The committee considered one amendment to the bill.  That
amendment was adopted without objection.

The following person testified in favor of the bill:
     Roger Dickey, representing Hendrick Medical Center.

The bill was reported favorably as amended with the
recommendation that it do pass and be printed, by a record vote
of 8 ayes, 0 nays, 0 pnv, and 1 absent.