SRC-TNM S.B. 270 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 270
By: Haywood
Intergovernmental Relations
3-3-97
As Filed


DIGEST 

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 city has a population of more than 1,200,000.  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

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS
 
SECTION 1. Amends Chapter 311A, Health and Safety Code, by adding Section
311.004, as follows: 

Sec. 311.004. PEACE OFFICERS OF HOSPITALS IN CERTAIN MUNICIPALITIES.
Authorizes the governing board of a 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.  Defines "hospital." 

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 officers commissioned by a hospital under Section 311.004, Health
and Safety Code to the list of designated peace officers.  Makes
conforming and nonsubstantive changes. 

SECTION 3. Emergency clause.
  Effective date: upon passage.