By:  Galloway                                          S.B. No. 732

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to granting a housing authority the authority to employ

 1-2     and commission peace officers.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter D, Chapter 392, Local Government Code,

 1-5     is amended by adding Section 392.066 to read as follows:

 1-6           Sec. 392.066.  SECURITY PERSONNEL; PEACE OFFICERS.  (a)  An

 1-7     authority may employ security personnel and may commission its

 1-8     security personnel as peace officers for the purpose of protecting:

 1-9                 (1)  occupants of a housing project that is located in

1-10     the territorial boundaries of the authority and operated by the

1-11     authority; and

1-12                 (2)  the property of a housing project described by

1-13     Subsection (a)(1).

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

1-15     under this section includes:

1-16                 (1)  the property of a housing project that is located

1-17     in the territorial boundaries of the authority and operated by the

1-18     authority; and

1-19                 (2)  the part of a public street or alley that is

1-20     contiguous to the property of a housing project described by

1-21     Subsection (b)(1) and that does not extend beyond the boundaries of

1-22     the property.

1-23           (c)  In the peace officer's primary jurisdiction, a peace

 2-1     officer commissioned under this section:

 2-2                 (1)  has all the powers, privileges, and immunities of

 2-3     a peace officer;

 2-4                 (2)  may, in accordance with Chapter 14, Code of

 2-5     Criminal Procedure, arrest without a warrant a person who violates

 2-6     a law of the state; and

 2-7                 (3)  may enforce all traffic laws on streets and

 2-8     highways.

 2-9           (d)  Outside a peace officer's primary jurisdiction, a peace

2-10     officer commissioned under this section has the powers, privileges,

2-11     and immunities of a peace officer and may arrest a person who

2-12     violates a law of the state if the peace officer:

2-13                 (1)  is summoned by another law enforcement agency to

2-14     provide assistance; or

2-15                 (2)  is assisting another law enforcement agency.

2-16           (e)  Persons employed as security personnel may not be

2-17     commissioned as peace officers under this section unless such

2-18     persons obtain licenses as peace officers from the Commission on

2-19     Law Enforcement Officer Standards and Education under Chapter 415,

2-20     Government Code.

2-21           SECTION 2.  Article 2.12, Code of Criminal Procedure, is

2-22     amended to read as follows:

2-23           Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace

2-24     officers:

2-25                 (1)  sheriffs and their deputies;

 3-1                 (2)  constables and deputy constables;

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

 3-3     city, town, or village;

 3-4                 (4)  rangers and officers commissioned by the Public

 3-5     Safety Commission and the Director of the Department of Public

 3-6     Safety;

 3-7                 (5)  investigators of the district attorneys', criminal

 3-8     district attorneys', and county attorneys' offices;

 3-9                 (6)  law enforcement agents of the Texas Alcoholic

3-10     Beverage Commission;

3-11                 (7)  each member of an arson investigating unit

3-12     commissioned by a city, a county, or the state;

3-13                 (8)  officers commissioned under Section 37.081,

3-14     Education Code, or Subchapter E, Chapter 51, Education Code;

3-15                 (9)  officers commissioned by the General Services

3-16     Commission;

3-17                 (10)  law enforcement officers commissioned by the

3-18     Parks and Wildlife Commission;

3-19                 (11)  airport police officers commissioned by a city

3-20     with a population of more than one million, according to the most

3-21     recent federal census, that operates an airport that serves

3-22     commercial air carriers;

3-23                 (12)  airport security personnel commissioned as peace

3-24     officers by the governing body of any political subdivision of this

3-25     state, other than a city described by Subdivision (11), that

 4-1     operates an airport that serves commercial air carriers;

 4-2                 (13)  municipal park and recreational patrolmen and

 4-3     security officers;

 4-4                 (14)  security officers commissioned as peace officers

 4-5     by the State Treasurer;

 4-6                 (15)  officers commissioned by a water control and

 4-7     improvement district under Section 51.132, Water Code;

 4-8                 (16)  officers commissioned by a board of trustees

 4-9     under Chapter 341, Acts of the 57th Legislature, Regular Session,

4-10     1961 (Article 1187f, Vernon's Texas Civil Statutes);

4-11                 (17)  investigators commissioned by the Texas State

4-12     Board of Medical Examiners;

4-13                 (18)  officers commissioned by the board of managers of

4-14     the Dallas County Hospital District, the Tarrant County Hospital

4-15     District, or the Bexar County Hospital District under Section

4-16     281.057, Health and Safety Code;

4-17                 (19)  county park rangers commissioned under Subchapter

4-18     E, Chapter 351, Local Government Code;

4-19                 (20)  investigators employed by the Texas Racing

4-20     Commission;

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

4-22     Pharmacy;

4-23                 (22)  officers commissioned by the governing body of a

4-24     metropolitan rapid transit authority under Section 451.108,

4-25     Transportation Code [13, Chapter 141, Acts of the 63rd Legislature,

 5-1     Regular Session, 1973 (Article 1118x, Vernon's Texas Civil

 5-2     Statutes)], or by a regional transportation authority under Section

 5-3     452.110, Transportation Code [10, Chapter 683, Acts of the 66th

 5-4     Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas

 5-5     Civil Statutes)];

 5-6                 (23)  [officers commissioned under the Texas High-Speed

 5-7     Rail Act (Article 6674v.2, Revised Statutes);]

 5-8                 [(24)]  investigators commissioned by the attorney

 5-9     general under Section 402.009, Government Code;

5-10                 (24) [(25)]  security officers and investigators

5-11     commissioned as peace officers under Chapter 466, Government Code;

5-12                 (25) [(26)]  an officer employed by the Texas

5-13     Department of Health under Section 431.2471, Health and Safety

5-14     Code;

5-15                 (26) [(27)]  officers appointed by an appellate court

5-16     under Subchapter F, Chapter 53, Government Code;

5-17                 (27) [(28)]  officers commissioned by the state fire

5-18     marshal under Chapter 417, Government Code; [and]

5-19                 (28) [(29)]  an investigator commissioned by the

5-20     commissioner of insurance under Article 1.10D, Insurance Code;[.]

5-21                 (29)  apprehension specialists commissioned by the

5-22     Texas Youth Commission as officers under Section 61.0931, Human

5-23     Resources Code; and

5-24                 (30)  security personnel commissioned as peace officers

5-25     under Chapter 392, Local Government Code.

 6-1           SECTION 3.  The importance of this legislation and the

 6-2     crowded condition of the calendars in both houses create an

 6-3     emergency and an imperative public necessity that the

 6-4     constitutional rule requiring bills to be read on three several

 6-5     days in each house be suspended, and this rule is hereby suspended,

 6-6     and that this Act take effect and be in force from and after its

 6-7     passage, and it is so enacted.