1-1 By: Hunter of Taylor, Kamel (Senate Sponsor - Sims) H.B. No. 552
1-2 (In the Senate - Received from the House April 18, 1995;
1-3 April 19, 1995, read first time and referred to Committee on
1-4 Criminal Justice; May 17, 1995, reported favorably, as amended, by
1-5 the following vote: Yeas 4, Nays 1; May 17, 1995, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Whitmire
1-8 Amend H.B. No. 552 in SECTION 1 of the bill, in Section
1-9 311.004, Health and Safety Code (House Engrossment, page 2, between
1-10 lines 11-12), by adding new Subsection (f) to read as follows and
1-11 relettering existing Subsection (f) (House Engrossment, page 2,
1-12 line 12) as Subsection (g):
1-13 (f) This section does not apply to a hospital in a
1-14 municipality located in a county with a population of more than 2.8
1-15 million.
1-16 A BILL TO BE ENTITLED
1-17 AN ACT
1-18 relating to peace officers of hospitals in certain municipalities.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Subchapter A, Chapter 311, Health and Safety
1-21 Code, is amended by adding Section 311.004 to read as follows:
1-22 Sec. 311.004. PEACE OFFICERS OF HOSPITALS IN CERTAIN
1-23 MUNICIPALITIES. (a) The governing board of a hospital in a
1-24 municipality with a population of 45,000 or more may employ and
1-25 commission peace officers to protect the hospital.
1-26 (b) A hospital that commissions a peace officer under this
1-27 section shall pay all certification or licensing fees for the peace
1-28 officer license that are charged by the Commission on Law
1-29 Enforcement Officer Standards and Education.
1-30 (c) The primary jurisdiction of a peace officer commissioned
1-31 by a hospital under this section includes:
1-32 (1) the property owned or controlled by the hospital;
1-33 and
1-34 (2) the part of any public street or alley that is
1-35 contiguous to hospital property.
1-36 (d) Within a peace officer's primary jurisdiction, a peace
1-37 officer commissioned under this section:
1-38 (1) is vested with all the powers, privileges, and
1-39 immunities of peace officers;
1-40 (2) may, in accordance with Chapter 14, Code of
1-41 Criminal Procedure, arrest without a warrant any person who
1-42 violates a law of the state; and
1-43 (3) may enforce all traffic laws on streets and
1-44 highways.
1-45 (e) Outside a peace officer's primary jurisdiction a peace
1-46 officer commissioned under this section is vested with all the
1-47 powers, privileges, and immunities of peace officers and may arrest
1-48 any person who violates any law of the state if the peace officer:
1-49 (1) is summoned by a law enforcement agency to provide
1-50 assistance; or
1-51 (2) is assisting a law enforcement agency.
1-52 (f) In this section, "hospital" has the meaning assigned by
1-53 Section 311.031.
1-54 SECTION 2. Article 2.12, Code of Criminal Procedure, as
1-55 amended by Chapters 339, 695, and 912, Acts of the 73rd
1-56 Legislature, Regular Session, 1993, is amended to read as follows:
1-57 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
1-58 officers:
1-59 (1) sheriffs and their deputies;
1-60 (2) constables and deputy constables;
1-61 (3) marshals or police officers of an incorporated
1-62 city, town, or village;
1-63 (4) rangers and officers commissioned by the Public
1-64 Safety Commission and the Director of the Department of Public
1-65 Safety;
1-66 (5) investigators of the district attorneys', criminal
1-67 district attorneys', and county attorneys' offices;
1-68 (6) law enforcement agents of the Texas Alcoholic
2-1 Beverage Commission;
2-2 (7) each member of an arson investigating unit
2-3 commissioned by a city, a county, or the state;
2-4 (8) officers commissioned under Section 21.483,
2-5 Education Code, or Subchapter E, Chapter 51, Education Code;
2-6 (9) officers commissioned by the General Services
2-7 Commission;
2-8 (10) law enforcement officers commissioned by the
2-9 Parks and Wildlife Commission;
2-10 (11) airport police officers commissioned by a city
2-11 with a population of more than one million, according to the most
2-12 recent federal census, that operates an airport that serves
2-13 commercial air carriers;
2-14 (12) airport security personnel commissioned as peace
2-15 officers by the governing body of any political subdivision of this
2-16 state, other than a city described by Subdivision (11), that
2-17 operates an airport that serves commercial air carriers;
2-18 (13) municipal park and recreational patrolmen and
2-19 security officers;
2-20 (14) security officers commissioned as peace officers
2-21 by the State Treasurer;
2-22 (15) officers commissioned by a water control and
2-23 improvement district under Section 51.132, Water Code;
2-24 (16) officers commissioned by a board of trustees
2-25 under Chapter 341, Acts of the 57th Legislature, Regular Session,
2-26 1961 (Article 1187f, Vernon's Texas Civil Statutes);
2-27 (17) investigators commissioned by the Texas State
2-28 Board of Medical Examiners;
2-29 (18) officers commissioned by the board of managers of
2-30 the Dallas County Hospital District, the Tarrant County Hospital
2-31 District, or the Bexar County Hospital District under Section
2-32 281.057, Health and Safety Code;
2-33 (19) county park rangers commissioned under Subchapter
2-34 E, Chapter 351, Local Government Code;
2-35 (20) investigators employed by the Texas Racing
2-36 Commission;
2-37 (21) officers commissioned by the State Board of
2-38 Pharmacy;
2-39 (22) officers commissioned by the governing body of a
2-40 metropolitan rapid transit authority under Section 13, Chapter 141,
2-41 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
2-42 Vernon's Texas Civil Statutes), or by a regional transportation
2-43 authority under Section 10, Chapter 683, Acts of the 66th
2-44 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
2-45 Civil Statutes);
2-46 (23) officers commissioned by the Texas High-Speed
2-47 Rail Authority;
2-48 (24) investigators commissioned by the attorney
2-49 general under Section 402.009, Government Code;
2-50 (25) security officers and investigators commissioned
2-51 as peace officers under Chapter 466, Government Code; <and>
2-52 (26) an officer employed by the Texas Department of
2-53 Health under Section 431.2471, Health and Safety Code;<.>
2-54 (27) <(26)> officers appointed by an appellate court
2-55 under Subchapter F, Chapter 53, Government Code;<.>
2-56 (28) <(26)> officers commissioned by the state fire
2-57 marshal under Chapter 417, Government Code; and
2-58 (29) officers commissioned by a hospital under
2-59 Section 311.004, Health and Safety Code.
2-60 SECTION 3. The importance of this legislation and the
2-61 crowded condition of the calendars in both houses create an
2-62 emergency and an imperative public necessity that the
2-63 constitutional rule requiring bills to be read on three several
2-64 days in each house be suspended, and this rule is hereby suspended,
2-65 and that this Act take effect and be in force from and after its
2-66 passage, and it is so enacted.
2-67 * * * * *