By Haywood                                       S.B. No. 270

      75R425 DLF-D                           

                                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 hospital in a

 1-8     municipality with a population of 45,000 or more may employ and

 1-9     commission peace officers to protect the hospital.

1-10           (b)  A hospital that commissions a peace officer under this

1-11     section shall pay all certification or licensing fees for the peace

1-12     officer license that are charged by the Commission on Law

1-13     Enforcement Officer Standards and Education.

1-14           (c)  The primary jurisdiction of a peace officer commissioned

1-15     by a hospital under this section includes:

1-16                 (1)  the property owned or controlled by the hospital;

1-17     and

1-18                 (2)  the part of any public street or alley that is

1-19     contiguous to hospital property.

1-20           (d)  Within a peace officer's primary jurisdiction, a peace

1-21     officer commissioned under this section:

1-22                 (1)  is vested with all the powers, privileges, and

1-23     immunities of peace officers;

1-24                 (2)  may, in accordance with Chapter 14, Code of

 2-1     Criminal Procedure, arrest without a warrant any person who

 2-2     violates a law of this state; and

 2-3                 (3)  may enforce all traffic laws on streets and

 2-4     highways.

 2-5           (e)  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     any person who violates any law of this state if the peace officer:

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

2-10     assistance; or

2-11                 (2)  is assisting a law enforcement agency.

2-12           (f)  In this section, "hospital" has the meaning assigned by

2-13     Section 311.031.

2-14           SECTION 2.  Article 2.12, Code of Criminal Procedure, as

2-15     amended by Chapters 621 and 729, Acts of the 74th Legislature,

2-16     Regular Session, 1995, is amended to read as follows:

2-17           Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace

2-18     officers:

2-19                 (1)  sheriffs and their deputies;

2-20                 (2)  constables and deputy constables;

2-21                 (3)  marshals or police officers of an incorporated

2-22     city, town, or village;

2-23                 (4)  rangers and officers commissioned by the Public

2-24     Safety Commission and the Director of the Department of Public

2-25     Safety;

2-26                 (5)  investigators of the district attorneys', criminal

2-27     district attorneys', and county attorneys' offices;

 3-1                 (6)  law enforcement agents of the Texas Alcoholic

 3-2     Beverage Commission;

 3-3                 (7)  each member of an arson investigating unit

 3-4     commissioned by a city, a county, or the state;

 3-5                 (8)  officers commissioned under Section 37.081,

 3-6     Education Code, or Subchapter E, Chapter 51, Education Code;

 3-7                 (9)  officers commissioned by the General Services

 3-8     Commission;

 3-9                 (10)  law enforcement officers commissioned by the

3-10     Parks and Wildlife Commission;

3-11                 (11)  airport police officers commissioned by a city

3-12     with a population of more than one million, according to the most

3-13     recent federal census, that operates an airport that serves

3-14     commercial air carriers;

3-15                 (12)  airport security personnel commissioned as peace

3-16     officers by the governing body of any political subdivision of this

3-17     state, other than a city described by Subdivision (11), that

3-18     operates an airport that serves commercial air carriers;

3-19                 (13)  municipal park and recreational patrolmen and

3-20     security officers;

3-21                 (14)  security officers commissioned as peace officers

3-22     by the State Treasurer;

3-23                 (15)  officers employed [commissioned] by a water

3-24     control and improvement district under Section 49.216 [51.132],

3-25     Water Code;

3-26                 (16)  officers commissioned by a board of trustees

3-27     under Chapter 341, Acts of the 57th Legislature, Regular Session,

 4-1     1961 (Article 1187f, Vernon's Texas Civil Statutes);

 4-2                 (17)  investigators commissioned by the Texas State

 4-3     Board of Medical Examiners;

 4-4                 (18)  officers commissioned by the board of managers of

 4-5     the Dallas County Hospital District, the Tarrant County Hospital

 4-6     District, or the Bexar County Hospital District under Section

 4-7     281.057, Health and Safety Code;

 4-8                 (19)  county park rangers commissioned under Subchapter

 4-9     E, Chapter 351, Local Government Code;

4-10                 (20)  investigators employed by the Texas Racing

4-11     Commission;

4-12                 (21)  officers commissioned by the State Board of

4-13     Pharmacy;

4-14                 (22)  officers commissioned by the governing body of a

4-15     metropolitan rapid transit authority under Section 451.108,

4-16     Transportation Code [13, Chapter 141, Acts of the 63rd Legislature,

4-17     Regular Session, 1973 (Article 1118x, Vernon's Texas Civil

4-18     Statutes)], or by a regional transportation authority under Section

4-19     452.110, Transportation Code [10, Chapter 683, Acts of the 66th

4-20     Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas

4-21     Civil Statutes)];

4-22                 (23)  [officers commissioned under the Texas High-Speed

4-23     Rail Act (Article 6674v.2, Revised Statutes);]

4-24                 [(24)]  investigators commissioned by the attorney

4-25     general under Section 402.009, Government Code;

4-26                 (24) [(25)]  security officers and investigators

4-27     commissioned as peace officers under Chapter 466, Government Code;

 5-1                 (25) [(26)]  an officer employed by the Texas

 5-2     Department of Health under Section 431.2471, Health and Safety

 5-3     Code;

 5-4                 (26) [(27)]  officers commissioned [appointed] by an

 5-5     appellate court under Subchapter F, Chapter 53, Government Code;

 5-6                 (27) [(28)]  officers commissioned by the state fire

 5-7     marshal under Chapter 417, Government Code; [and]

 5-8                 (28) [(29)]  an investigator commissioned by the

 5-9     commissioner of insurance under Article 1.10D, Insurance Code;[.]

5-10                 (29)  apprehension specialists commissioned by the

5-11     Texas Youth Commission as officers under Section 61.0931, Human

5-12     Resources Code; and

5-13                 (30)  officers commissioned by a hospital under Section

5-14     311.004, Health and Safety Code.

5-15           SECTION 3.  The importance of this legislation and the

5-16     crowded condition of the calendars in both houses create an

5-17     emergency and an imperative public necessity that the

5-18     constitutional rule requiring bills to be read on three several

5-19     days in each house be suspended, and this rule is hereby suspended,

5-20     and that this Act take effect and be in force from and after its

5-21     passage, and it is so enacted.