1-1 By: Haywood, Fraser S.B. No. 270
1-2 (In the Senate - Filed January 22, 1997; January 27, 1997,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; March 6, 1997, reported favorably by the following vote:
1-5 Yeas 6, Nays 3; March 6, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to peace officers of hospitals in certain municipalities.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subchapter A, Chapter 311, Health and Safety
1-11 Code, is amended by adding Section 311.004 to read as follows:
1-12 Sec. 311.004. PEACE OFFICERS OF HOSPITALS IN CERTAIN
1-13 MUNICIPALITIES. (a) The governing board of a hospital in a
1-14 municipality with a population of 45,000 or more may employ and
1-15 commission peace officers to protect the hospital.
1-16 (b) A hospital that commissions a peace officer under this
1-17 section shall pay all certification or licensing fees for the peace
1-18 officer license that are charged by the Commission on Law
1-19 Enforcement Officer Standards and Education.
1-20 (c) The primary jurisdiction of a peace officer commissioned
1-21 by a hospital under this section includes:
1-22 (1) the property owned or controlled by the hospital;
1-23 and
1-24 (2) the part of any public street or alley that is
1-25 contiguous to hospital property.
1-26 (d) Within a peace officer's primary jurisdiction, a peace
1-27 officer commissioned under this section:
1-28 (1) is vested with all the powers, privileges, and
1-29 immunities of peace officers;
1-30 (2) may, in accordance with Chapter 14, Code of
1-31 Criminal Procedure, arrest without a warrant any person who
1-32 violates a law of this state; and
1-33 (3) may enforce all traffic laws on streets and
1-34 highways.
1-35 (e) Outside a peace officer's primary jurisdiction, a peace
1-36 officer commissioned under this section is vested with all the
1-37 powers, privileges, and immunities of peace officers and may arrest
1-38 any person who violates any law of this state if the peace officer:
1-39 (1) is summoned by a law enforcement agency to provide
1-40 assistance; or
1-41 (2) is assisting a law enforcement agency.
1-42 (f) In this section, "hospital" has the meaning assigned by
1-43 Section 311.031.
1-44 SECTION 2. Article 2.12, Code of Criminal Procedure, as
1-45 amended by Chapters 621 and 729, Acts of the 74th Legislature,
1-46 1995, is amended to read as follows:
1-47 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
1-48 officers:
1-49 (1) sheriffs and their deputies;
1-50 (2) constables and deputy constables;
1-51 (3) marshals or police officers of an incorporated
1-52 city, town, or village;
1-53 (4) rangers and officers commissioned by the Public
1-54 Safety Commission and the Director of the Department of Public
1-55 Safety;
1-56 (5) investigators of the district attorneys', criminal
1-57 district attorneys', and county attorneys' offices;
1-58 (6) law enforcement agents of the Texas Alcoholic
1-59 Beverage Commission;
1-60 (7) each member of an arson investigating unit
1-61 commissioned by a city, a county, or the state;
1-62 (8) officers commissioned under Section 37.081,
1-63 Education Code, or Subchapter E, Chapter 51, Education Code;
1-64 (9) officers commissioned by the General Services
2-1 Commission;
2-2 (10) law enforcement officers commissioned by the
2-3 Parks and Wildlife Commission;
2-4 (11) airport police officers commissioned by a city
2-5 with a population of more than one million, according to the most
2-6 recent federal census, that operates an airport that serves
2-7 commercial air carriers;
2-8 (12) airport security personnel commissioned as peace
2-9 officers by the governing body of any political subdivision of this
2-10 state, other than a city described by Subdivision (11), that
2-11 operates an airport that serves commercial air carriers;
2-12 (13) municipal park and recreational patrolmen and
2-13 security officers;
2-14 (14) security officers commissioned as peace officers
2-15 by the State Treasurer;
2-16 (15) officers employed [commissioned] by a water
2-17 control and improvement district under Section 49.216 [51.132],
2-18 Water Code;
2-19 (16) officers commissioned by a board of trustees
2-20 under Chapter 341, Acts of the 57th Legislature, Regular Session,
2-21 1961 (Article 1187f, Vernon's Texas Civil Statutes);
2-22 (17) investigators commissioned by the Texas State
2-23 Board of Medical Examiners;
2-24 (18) officers commissioned by the board of managers of
2-25 the Dallas County Hospital District, the Tarrant County Hospital
2-26 District, or the Bexar County Hospital District under Section
2-27 281.057, Health and Safety Code;
2-28 (19) county park rangers commissioned under Subchapter
2-29 E, Chapter 351, Local Government Code;
2-30 (20) investigators employed by the Texas Racing
2-31 Commission;
2-32 (21) officers commissioned by the State Board of
2-33 Pharmacy;
2-34 (22) officers commissioned by the governing body of a
2-35 metropolitan rapid transit authority under Section 451.108,
2-36 Transportation Code [13, Chapter 141, Acts of the 63rd Legislature,
2-37 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
2-38 Statutes)], or by a regional transportation authority under Section
2-39 452.110, Transportation Code [10, Chapter 683, Acts of the 66th
2-40 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
2-41 Civil Statutes)];
2-42 (23) [officers commissioned under the Texas High-Speed
2-43 Rail Act (Article 6674v.2, Revised Statutes);]
2-44 [(24)] investigators commissioned by the attorney
2-45 general under Section 402.009, Government Code;
2-46 (24) [(25)] security officers and investigators
2-47 commissioned as peace officers under Chapter 466, Government Code;
2-48 (25) [(26)] an officer employed by the Texas
2-49 Department of Health under Section 431.2471, Health and Safety
2-50 Code;
2-51 (26) [(27)] officers commissioned [appointed] by an
2-52 appellate court under Subchapter F, Chapter 53, Government Code;
2-53 (27) [(28)] officers commissioned by the state fire
2-54 marshal under Chapter 417, Government Code; [and]
2-55 (28) [(29)] an investigator commissioned by the
2-56 commissioner of insurance under Article 1.10D, Insurance Code;[.]
2-57 (29) apprehension specialists commissioned by the
2-58 Texas Youth Commission as officers under Section 61.0931, Human
2-59 Resources Code; and
2-60 (30) officers commissioned by a hospital under Section
2-61 311.004, Health and Safety Code.
2-62 SECTION 3. The importance of this legislation and the
2-63 crowded condition of the calendars in both houses create an
2-64 emergency and an imperative public necessity that the
2-65 constitutional rule requiring bills to be read on three several
2-66 days in each house be suspended, and this rule is hereby suspended,
2-67 and that this Act take effect and be in force from and after its
2-68 passage, and it is so enacted.