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.