By Van de Putte                                  H.B. No. 865

      75R3732 CLG-F                           

                                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.  Section 281.057, Health and Safety Code, is

 1-6     amended by amending Subsection (b) and adding Subsections (c)-(f)

 1-7     to read as follows:

 1-8           (b)  The primary jurisdiction of a peace officer commissioned

 1-9     under this section includes:

1-10                 (1)  all property owned, leased, or otherwise under the

1-11     control of the district that employs the peace officer; and

1-12                 (2)  any part of a public street or highway that passes

1-13     through or borders the property of the district.

1-14           (c)  In the peace officer's primary jurisdiction, a [A]

1-15     district peace officer:

1-16                 (1)  is vested with all the powers, privileges, and

1-17     immunities of peace officers;

1-18                 (2)  may, in accordance with Chapter 14, Code of

1-19     Criminal Procedure, [make an] arrest without a warrant a person who

1-20     violates a law of the state; and

1-21                 (3)  may enforce all traffic laws on streets and

1-22     highways [if:]

1-23                 [(1)  the arrest is necessary to prevent or abate the

1-24     commission of a criminal offense and the offense or threatened

 2-1     offense occurs on any land, easement, right-of-way, or other

 2-2     property owned and controlled by the district; or]

 2-3                 [(2)  the offense involves injury or harm to any

 2-4     property owned or controlled by the district].

 2-5           (d)  Outside a peace officer's primary jurisdiction, a peace

 2-6     officer commissioned under this section is vested with all the

 2-7     powers, privileges, and immunities of peace officers and may arrest

 2-8     a person who violates a law of the state if the peace officer:

 2-9                 (1)  is summoned by another law enforcement agency to

2-10     provide assistance;

2-11                 (2)  is assisting another law enforcement agency; or

2-12                 (3)  is otherwise performing the officer's duties as a

2-13     peace officer for the district that employs the officer.

2-14           (e)  A peace officer assigned to duty and commissioned under

2-15     this section shall take and file the oath required of peace

2-16     officers, and shall execute and file a bond in the sum of $1,000,

2-17     payable to the district, with two or more sureties, conditioned

2-18     that the peace officer will fairly, impartially, and faithfully

2-19     perform all duties that may be required of the peace officer by

2-20     law.  The bond may be sued on in the name of any person injured

2-21     until the whole amount of the bond is recovered.

2-22           (f)  A peace officer commissioned under this section must

2-23     obtain a license as a peace officer from the Commission on Law

2-24     Enforcement Officer Standards and Education under Chapter 415,

2-25     Government Code.

2-26           SECTION 2.  The importance of this legislation and the

2-27     crowded condition of the calendars in both houses create an

 3-1     emergency and an imperative public necessity that the

 3-2     constitutional rule requiring bills to be read on three several

 3-3     days in each house be suspended, and this rule is hereby suspended,

 3-4     and that this Act take effect and be in force from and after its

 3-5     passage, and it is so enacted.