BILL ANALYSIS



H.B. 1960
By: Alexander
05-03-95
Committee Report (Unamended)


BACKGROUND

Chapter 402, Health and Safety Code, establishes the Texas Low-Level Radioactive Waste Disposal Authority to site, construct and
operate a low-level radioactive waste disposal facility.  Because
of the nature of the Authority's activities, the agency will need
professional personnel at the site to provide security and
guarantee the safe operation of the disposal site.

PURPOSE

H.B. 1960 adds new provisions to the Health and Safety Code that
will allow the Authority to commission peace officers for the
disposal site and surrounding property.  Peace officers will be
fully trained and commissioned according to law to assist with
security at the site.  They will be authorized to make arrests,
conduct searches, enforce traffic laws at the site, and perform
other duties of 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.  Chapter 402, Health and Safety Code, is amended by
adding Section 402.060 which allows the Authority to employ and
commission peace officers.  The peace officers' primary
jurisdiction will include all property owned by the Authority, the
disposal site, and any part of a public road that is contiguous to
the property.  Within their primary jurisdiction, peace officers
are vested with all of the powers, privileges, and duties of a
peace officer, including specifically the power the power to arrest
and the power to enforce traffic laws on a person who violates a
law of this state if the peace officer is asked by a law
enforcement agency to provide assistance, or, if the peace officer
is assisting a law enforcement agency.

SECTION 2.  Article 2.12, Code of Criminal Procedure, is amended to
add peace officers of Authority to the statutory list of those
persons who are authorized to be peace officers in Texas.

SECTION 3.  Emergency Clause.

SUMMARY OF COMMITTEE ACTION

H.B. 1960 was considered by the committee in a public hearing on
April 26, 1995.
The following person testified on the bill:
     Lee Mathews, representing the Texas Low-Level Radioactive
Waste Disposal Authority.
The following person registered on the bill, but did not testify:
     Wayne Green, representing the Texas Commission on Law
Enforcement Officer Standards      and Education.
The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
6 ayes, 0 nays, 0 pnv, 3 absent.