75R12473 E
By Hunter, Kamel, et al. H.B. No. 397
Substitute the following for H.B. No. 397:
By Oakley C.S.H.B. No. 397
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to peace officers of hospitals in certain municipalities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 311, Health and Safety
1-5 Code, is amended by adding Section 311.004 to read as follows:
1-6 Sec. 311.004. PEACE OFFICERS OF HOSPITALS IN CERTAIN
1-7 MUNICIPALITIES. (a) The governing board of a nonprofit hospital
1-8 or hospital district in a municipality with a population of 45,000
1-9 or more may employ and commission peace officers to protect the
1-10 hospital.
1-11 (b) A hospital that commissions a peace officer under this
1-12 section shall pay all certification or licensing fees for the peace
1-13 officer license that are charged by the Commission on Law
1-14 Enforcement Officer Standards and Education.
1-15 (c) The primary jurisdiction of a peace officer commissioned
1-16 by a hospital under this section includes:
1-17 (1) the property owned or controlled by the hospital;
1-18 and
1-19 (2) the part of any public street or alley that is
1-20 contiguous to hospital property.
1-21 (d) Within a peace officer's primary jurisdiction, a peace
1-22 officer commissioned under this section:
1-23 (1) is vested with all the powers, privileges, and
1-24 immunities of peace officers;
2-1 (2) may, in accordance with Chapter 14, Code of
2-2 Criminal Procedure, arrest without a warrant any person who
2-3 violates a law of this state; and
2-4 (3) may enforce all traffic laws on streets and
2-5 highways.
2-6 (e) Outside a peace officer's primary jurisdiction, a peace
2-7 officer commissioned under this section is vested with all the
2-8 powers, privileges, and immunities of peace officers and may arrest
2-9 any person who violates any law of this state if the peace officer:
2-10 (1) is summoned by a law enforcement agency to provide
2-11 assistance; or
2-12 (2) is assisting a law enforcement agency.
2-13 (f) A peace officer employed by a hospital, as provided by
2-14 this section, may not be suspended, discharged, or subjected to any
2-15 other form of disciplinary action without just cause.
2-16 SECTION 2. Article 2.12, Code of Criminal Procedure, as
2-17 amended by Chapters 621 and 729, Acts of the 74th Legislature,
2-18 1995, is amended to read as follows:
2-19 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
2-20 officers:
2-21 (1) sheriffs and their deputies;
2-22 (2) constables and deputy constables;
2-23 (3) marshals or police officers of an incorporated
2-24 city, town, or village;
2-25 (4) rangers and officers commissioned by the Public
2-26 Safety Commission and the Director of the Department of Public
2-27 Safety;
3-1 (5) investigators of the district attorneys', criminal
3-2 district attorneys', and county attorneys' offices;
3-3 (6) law enforcement agents of the Texas Alcoholic
3-4 Beverage Commission;
3-5 (7) each member of an arson investigating unit
3-6 commissioned by a city, a county, or the state;
3-7 (8) officers commissioned under Section 37.081,
3-8 Education Code, or Subchapter E, Chapter 51, Education Code;
3-9 (9) officers commissioned by the General Services
3-10 Commission;
3-11 (10) law enforcement officers commissioned by the
3-12 Parks and Wildlife Commission;
3-13 (11) airport police officers commissioned by a city
3-14 with a population of more than one million, according to the most
3-15 recent federal census, that operates an airport that serves
3-16 commercial air carriers;
3-17 (12) airport security personnel commissioned as peace
3-18 officers by the governing body of any political subdivision of this
3-19 state, other than a city described by Subdivision (11), that
3-20 operates an airport that serves commercial air carriers;
3-21 (13) municipal park and recreational patrolmen and
3-22 security officers;
3-23 (14) security officers commissioned as peace officers
3-24 by the State Treasurer;
3-25 (15) peace officers employed [commissioned] by a water
3-26 control and improvement district under Section 49.216 [51.132],
3-27 Water Code;
4-1 (16) officers commissioned by a board of trustees
4-2 under Chapter 341, Acts of the 57th Legislature, Regular Session,
4-3 1961 (Article 1187f, Vernon's Texas Civil Statutes);
4-4 (17) investigators commissioned by the Texas State
4-5 Board of Medical Examiners;
4-6 (18) officers commissioned by the board of managers of
4-7 the Dallas County Hospital District, the Tarrant County Hospital
4-8 District, or the Bexar County Hospital District under Section
4-9 281.057, Health and Safety Code;
4-10 (19) county park rangers commissioned under Subchapter
4-11 E, Chapter 351, Local Government Code;
4-12 (20) investigators employed by the Texas Racing
4-13 Commission;
4-14 (21) officers commissioned by the State Board of
4-15 Pharmacy;
4-16 (22) officers commissioned by the governing body of a
4-17 metropolitan rapid transit authority under Section 451.108,
4-18 Transportation Code [13, Chapter 141, Acts of the 63rd Legislature,
4-19 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
4-20 Statutes)], or by a regional transportation authority under Section
4-21 452.110, Transportation Code [10, Chapter 683, Acts of the 66th
4-22 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
4-23 Civil Statutes)];
4-24 (23) [officers commissioned under the Texas High-Speed
4-25 Rail Act (Article 6674v.2, Revised Statutes);]
4-26 [(24)] investigators commissioned by the attorney
4-27 general under Section 402.009, Government Code;
5-1 (24) [(25)] security officers and investigators
5-2 commissioned as peace officers under Chapter 466, Government Code;
5-3 (25) [(26)] an officer employed by the Texas
5-4 Department of Health under Section 431.2471, Health and Safety
5-5 Code;
5-6 (26) [(27)] officers commissioned [appointed] by an
5-7 appellate court under Subchapter F, Chapter 53, Government Code;
5-8 (27) [(28)] officers commissioned by the state fire
5-9 marshal under Chapter 417, Government Code; [and]
5-10 (28) [(29)] an investigator commissioned by the
5-11 commissioner of insurance under Article 1.10D, Insurance Code;[.]
5-12 (29) apprehension specialists commissioned by the
5-13 Texas Youth Commission as officers under Section 61.0931, Human
5-14 Resources Code; and
5-15 (30) officers commissioned by a hospital under Section
5-16 311.004, Health and Safety Code.
5-17 SECTION 3. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended,
5-22 and that this Act take effect and be in force from and after its
5-23 passage, and it is so enacted.