JWW S.B. 270 75(R)BILL ANALYSIS


PUBLIC SAFETY
S.B. 270
By: Haywood (Hunter)
4-28-97
Committee Report (Unamended)


BACKGROUND 

Currently, medical staff, patients, visitors, and other hospital employees
are placed at risk as violent incidents at hospitals increase in
frequency.  Some hospitals have established police agencies under Chapter
51, Education Code, while others hire off-duty police officers and/or
security officers.  The Education Code does have provisions for hospitals
to acquire police agencies if that hospital qualifies as an institution of
higher education.  Other hospitals are authorized to hire city police
officers if the hospital is located within a city exceeding 1,200,000 in
population.  Hospitals that utilize security officers licensed under the
Texas Private Investigators and Private Security Act have found this to be
inefficient because security officers are only authorized to make
citizen's arrests. The goal of S.B. 270 is to permit hospitals in
municipalities with populations of 45,000 or more to commission peace
officers.   

PURPOSE

As proposed, S.B. 270 outlines provisions relating to peace officers of
hospitals in certain municipalities. 

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 Chapter 311A, Health and Safety Code, by adding Section
311.004, as follows: 

 Section  311.004. PEACE OFFICERS OF HOSPITALS IN CERTAIN MUNICIPALITIES.
Authorizes the governing board of a non-profit hospital or  hospital in a
municipality with a population of 45,000 or more to employ and commission
peace officers to protect the hospital. Requires a hospital that
commissions a peace officer to pay all certification or licensing fees for
the peace  officer license charged by the Commission on Law Enforcement
Officer Standards and Education.  Sets forth the areas included in the
primary jurisdiction of a peace officer commissioned by a hospital.  Sets
forth the authorizations of a peace officer within the peace officer's
primary jurisdiction.  Sets forth the instances in which a peace officer
is vested with all the powers, privileges, and immunities of peace
officers and is authorized to arrest any person who violates any law of
this state.    

SECTION 2. Amends Article 2.12, Code of Criminal Procedure, as amended by
Chapters 621 and 729, Acts of the 74th Legislature, Regular Session, 1995,
to add peace officers commissioned by a hospital under Section 311.004,
Health and Safety Code to the list of designated peace officers. Makes
conforming and non-substantive changes. 

SECTION 3. Emergency Clause.  Effective  upon passage.