By Romo H.B. No. 1081
74R4661 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of peace officers commissioned by
1-3 certain hospital districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 2.12, Code of Criminal Procedure, as
1-6 amended by Chapters 339, 695, and 912, Acts of the 73rd
1-7 Legislature, Regular Session, 1993, is amended to read as follows:
1-8 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
1-9 officers:
1-10 (1) sheriffs and their deputies;
1-11 (2) constables and deputy constables;
1-12 (3) marshals or police officers of an incorporated
1-13 city, town, or village;
1-14 (4) rangers and officers commissioned by the Public
1-15 Safety Commission and the Director of the Department of Public
1-16 Safety;
1-17 (5) investigators of the district attorneys', criminal
1-18 district attorneys', and county attorneys' offices;
1-19 (6) law enforcement agents of the Texas Alcoholic
1-20 Beverage Commission;
1-21 (7) each member of an arson investigating unit
1-22 commissioned by a city, a county, or the state;
1-23 (8) officers commissioned under Section 21.483,
1-24 Education Code, or Subchapter E, Chapter 51, Education Code;
2-1 (9) officers commissioned by the General Services
2-2 Commission;
2-3 (10) law enforcement officers commissioned by the
2-4 Parks and Wildlife Commission;
2-5 (11) airport police officers commissioned by a city
2-6 with a population of more than one million, according to the most
2-7 recent federal census, that operates an airport that serves
2-8 commercial air carriers;
2-9 (12) airport security personnel commissioned as peace
2-10 officers by the governing body of any political subdivision of this
2-11 state, other than a city described by Subdivision (11), that
2-12 operates an airport that serves commercial air carriers;
2-13 (13) municipal park and recreational patrolmen and
2-14 security officers;
2-15 (14) security officers commissioned as peace officers
2-16 by the State Treasurer;
2-17 (15) officers commissioned by a water control and
2-18 improvement district under Section 51.132, Water Code;
2-19 (16) officers commissioned by a board of trustees
2-20 under Chapter 341, Acts of the 57th Legislature, Regular Session,
2-21 1961 (Article 1187f, Vernon's Texas Civil Statutes);
2-22 (17) investigators commissioned by the Texas State
2-23 Board of Medical Examiners;
2-24 (18) officers commissioned by the board of managers of
2-25 the Dallas County Hospital District, the Harris County Hospital
2-26 District, the Tarrant County Hospital District, or the Bexar County
2-27 Hospital District under Section 281.057, Health and Safety Code;
3-1 (19) county park rangers commissioned under Subchapter
3-2 E, Chapter 351, Local Government Code;
3-3 (20) investigators employed by the Texas Racing
3-4 Commission;
3-5 (21) officers commissioned by the State Board of
3-6 Pharmacy;
3-7 (22) officers commissioned by the governing body of a
3-8 metropolitan rapid transit authority under Section 13, Chapter 141,
3-9 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
3-10 Vernon's Texas Civil Statutes), or by a regional transportation
3-11 authority under Section 10, Chapter 683, Acts of the 66th
3-12 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
3-13 Civil Statutes);
3-14 (23) officers commissioned by the Texas High-Speed
3-15 Rail Authority;
3-16 (24) investigators commissioned by the attorney
3-17 general under Section 402.009, Government Code;
3-18 (25) security officers and investigators commissioned
3-19 as peace officers under Chapter 466, Government Code; <and>
3-20 (26) an officer employed by the Texas Department of
3-21 Health under Section 431.2471, Health and Safety Code; <.>
3-22 (27) <(26)> officers appointed by an appellate court
3-23 under Subchapter F, Chapter 53, Government Code; and <.>
3-24 (28) <(26)> officers commissioned by the state fire
3-25 marshal under Chapter 417, Government Code.
3-26 SECTION 2. Section 281.057, Health and Safety Code, is
3-27 amended to read as follows:
4-1 Sec. 281.057. EMPLOYMENT OF DISTRICT PEACE OFFICERS.
4-2 (a) The board of the Dallas County Hospital District, the Harris
4-3 County Hospital District, the Tarrant County Hospital District, or
4-4 the Bexar County Hospital District may employ and commission peace
4-5 officers for the district.
4-6 (b) The primary jurisdiction of a peace officer commissioned
4-7 under this section includes:
4-8 (1) all property owned, leased, or otherwise under the
4-9 control of the district that employs the peace officer; and
4-10 (2) any part of a public street or highway that passes
4-11 through or borders the property of the district.
4-12 (c) In the peace officer's primary jurisdiction, a <A>
4-13 district peace officer:
4-14 (1) is vested with all the powers, privileges, and
4-15 immunities of peace officers;
4-16 (2) may, in accordance with Chapter 14, Code of
4-17 Criminal Procedure, <make an> arrest without a warrant a person who
4-18 violates a law of the state; and
4-19 (3) may enforce all traffic laws on streets and
4-20 highways <if:>
4-21 <(1) the arrest is necessary to prevent or abate the
4-22 commission of a criminal offense and the offense or threatened
4-23 offense occurs on any land, easement, right-of-way, or other
4-24 property owned and controlled by the district; or>
4-25 <(2) the offense involves injury or harm to any
4-26 property owned or controlled by the district>.
4-27 (d) Outside a peace officer's primary jurisdiction, a peace
5-1 officer commissioned under this section is vested with all the
5-2 powers, privileges, and immunities of peace officers and may arrest
5-3 a person who violates a law of the state if the peace officer:
5-4 (1) is summoned by another law enforcement agency to
5-5 provide assistance;
5-6 (2) is assisting another law enforcement agency; or
5-7 (3) is otherwise performing the officer's duties as a
5-8 peace officer for the district that employs the officer.
5-9 SECTION 3. The importance of this legislation and the
5-10 crowded condition of the calendars in both houses create an
5-11 emergency and an imperative public necessity that the
5-12 constitutional rule requiring bills to be read on three several
5-13 days in each house be suspended, and this rule is hereby suspended,
5-14 and that this Act take effect and be in force from and after its
5-15 passage, and it is so enacted.