JWW C.S.H.B. 397 75(R)BILL ANALYSIS PUBLIC SAFETY C.S.H.B. 397 By: Hunter 4-16-97 Committee Report (Substituted) BACKGROUND According to the Bureau of Labor Statistics, 60% of hospital workers were assaulted in 1993. Between 1980 and 1990, 106 hospital workers were killed while on duty. In addition, as many as 25% of all major trauma patients in hospital emergency rooms are armed. Most of the hospitals in the state of Texas are not allowed to have peace officers work in the hospitals. As a result, each hospital must hire security guards to monitor the facility and grounds. Because these guards are not peace officers, they are allowed to make citizen arrests only. Counties such as Dallas, Bexar, and Tarrant have passed legislation that allows the hiring of peace officers. Some cities have established police agencies under Chapter 51, Education Code, which allows hospitals to have such agencies if they qualify as an institution of higher learning. The remainder must hire off-duty police officer or security guards for protection. PURPOSE This bill will permit hospital districts and nonprofit hospitals in municipalities with a minimum population of 45,000 the authority 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 of the Health and Safety Code by adding Section 311.004. (a) The governing board of a hospital district or nonprofit hospital in a municipality greater than 45,000 people may employ peace officers to protect the hospital. (b) A hospital that employs a peace office must pay all licensing and certification fees charged by the Commission on Law Enforcement Officer Standards and Education (TCLEOSE). (c) Defines the primary jurisdiction of a peace officer employed by a hospital as the property owned or controlled by the hospital and the part of any public street or alley that borders the hospital property. (d) Allows the peace officer employed by the hospital to have the powers, privileges, and immunities of a peace officer, may arrest any person who violates a Texas law without a warrant, and may enforce all traffic laws on streets and highways. (e) If a peace officer is outside their primary jurisdiction they may have all powers, privileges, and immunities of a peace officer and may arrest a person who is violating Texas law if they are summoned by a law enforcement agency or is assisting a law enforcement agency . (f) Peace officers employed by hospitals under this section may not be suspended, discharged, or subjected to to any disciplinary action with just cause. SECTION 2 Amends Section 2.12 of the Code of Criminal Procedure, as follows: (15) Adds "peace" before "officers" and replaces "commissioned" with "employed", and replaces Section "51.132" with "49.216". (22) Replaces the wording Section 13, Chapter 141, Acts of the 63rd Legislature, Regular Session, 1973 (article 1118x, Vernon's Texas Civil Statutes) with Section 451.108, and replaces the words Section 10, Chapter 683, Acts of the 66th Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas Civil Statutes) with Section 452.110, Transportation Code. (23) This subsection is deleted. (26) Replaces appointed with commissioned. (24-29) Changed to reflect the deleted lines. (30) Adds officers commissioned under Section 311.004 of the Health and Safety Code to the list of officially designated peace officers. SECTION 3 Emergency Clause. Effective upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1 Section 311.004(a) is amended to include nonprofit hospitals. (f) This subsection strikes and replaces the original subsection (f) to state that peace officers employed by hospitals under this section may not be suspended, discharged, or subjected to to any disciplinary action with just cause. SECTION 2 Adds "peace" before "officers" in Article 2.12(15), Code of Criminal Procedure.