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.