Amend SB 1285 (Senate committee printing) by striking all
below the enacting clause and substituting the following:
SECTION 1. Subchapter J, Chapter 301, Occupations Code, is
amended by adding Sections 301.4651 and 301.4652 to read as
follows:
Sec. 301.4651. PEACE OFFICERS. (a) The board may commission
as a peace officer to enforce this chapter an employee who has been
certified as a peace officer by the Commission on Law Enforcement
Officer Standards and Education.
(b) An employee commissioned as a peace officer under this
section has the powers, privileges, and immunities of a peace
officer while carrying out duties as a peace officer under this
chapter, except that the employee may not carry a firearm or make
an arrest.
Sec. 301.4652. CRIMINAL HISTORY RECORD INFORMATION. (a) In
addition to the board's authority under Subchapter F, Chapter 411,
Government Code, the board may directly request and receive
criminal history record information from the Federal Bureau of
Investigation.
(b) Criminal history record information received by the
board may only be used by the board and is privileged. Criminal
history record information may not be disclosed to any person
except:
(1) under a court order; or
(2) to a nursing board that is a member of the Nurse
Licensure Compact under Article 4528b, Revised Statutes.
(c) A person is entitled to a hearing under Section 301.454
if, because of criminal history record information obtained by the
board, the board proposes to:
(1) determine that a petitioner under Section 301.257
or a license applicant is ineligible for a license; or
(2) suspend or revoke a person's license or temporary
permit.
(d) The board shall adopt rules providing for the fair and
uniform application of this section.
SECTION 2. Subchapter D, Chapter 301, Occupations Code, is
amended by adding Section 301.1605 to read as follows:
Sec. 301.1605. PILOT AND DEMONSTRATION RESEARCH PROJECTS.
(a) The board may approve pilot and demonstration research
projects for innovative applications in the regulation or practice
of professional nursing.
(b) The board shall specify the procedures to be followed in
applying for approval of a project.
(c) The approval may include a provision granting an
exception to any rule adopted under this chapter. The board may
condition approval of a project on compliance with this section and
rules adopted under this section.
(d) This section does not expand the meaning of professional
nursing.
SECTION 3. Article 2.12, Code of Criminal Procedure, as
amended by Chapters 90, 332, 882, and 974, Acts of the 76th
Legislature, Regular Session, 1999, is amended to read as follows:
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
officers:
(1) sheriffs, their deputies, and those reserve
deputies who hold a permanent peace officer license issued under
Chapter 1701, Occupations <415, Government> Code;
(2) constables, deputy constables, and those reserve
deputy constables who hold a permanent peace officer license issued
under Chapter 1701, Occupations <415, Government> Code;
(3) marshals or police officers of an incorporated
city, town, or village, and those reserve municipal police officers
who hold a permanent peace officer license issued under Chapter
1701, Occupations <415, Government> Code;
(4) rangers and officers commissioned by the Public
Safety Commission and the Director of the Department of Public
Safety;
(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic
Beverage Commission;
(7) each member of an arson investigating unit
commissioned by a city, a county, or the state;
(8) officers commissioned under Section 37.081,
Education Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services
Commission;
(10) law enforcement officers commissioned by the
Parks and Wildlife Commission;
(11) airport police officers commissioned by a city
with a population of more than one million<, according to the most
recent federal census,> that operates an airport that serves
commercial air carriers;
(12) airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that
operates an airport that serves commercial air carriers;
(13) municipal park and recreational patrolmen and
security officers;
(14) security officers commissioned as peace officers
by the comptroller;
(15) officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
(16) officers commissioned by a board of trustees
under Chapter 54, Transportation Code <341, Acts of the 57th
Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas
Civil Statutes)>;
(17) investigators commissioned by the Texas State
Board of Medical Examiners;
(18) officers commissioned by the board of managers of
the Dallas County Hospital District, the Tarrant County Hospital
District, or the Bexar County Hospital District under Section
281.057, Health and Safety Code;
(19) county park rangers commissioned under Subchapter
E, Chapter 351, Local Government Code;
(20) investigators employed by the Texas Racing
Commission;
(21) officers commissioned under Chapter 554,
Occupations Code <by the State Board of Pharmacy>;
(22) officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority
under Section 452.110, Transportation Code;
(23) investigators commissioned by the attorney
general under Section 402.009, Government Code;
(24) security officers and investigators commissioned
as peace officers under Chapter 466, Government Code;
(25) an officer employed by the Texas Department of
Health under Section 431.2471, Health and Safety Code;
(26) officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(27) officers commissioned by the state fire marshal
under Chapter 417, Government Code;
(28) an investigator commissioned by the commissioner
of insurance under Article 1.10D, Insurance Code;
(29) apprehension specialists commissioned by the
Texas Youth Commission as officers under Section 61.0931, Human
Resources Code; <and>
(30) officers appointed by the executive director of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;<.>
(31) <(30)> investigators commissioned by the
Commission on Law Enforcement Officer Standards and Education under
Section 1701.160, Occupations <415.016, Government> Code;<.>
(32) commission <(30) board> investigators
commissioned by the Texas Commission on Private Security under
Section 1702.061(f), Occupations Code; and
(33) officers commissioned by the Board of Nurse
Examiners under Chapter 301, Occupations Code <10(f), Private
Investigators and Private Security Agencies Act (Article
4413(29bb), Vernon's Texas Civil Statutes)>.
SECTION 4. Section 301.160, Occupations Code, is repealed.
SECTION 5. (a) The Board of Nurse Examiners is a criminal
justice agency for the sole purpose of directly obtaining criminal
history record information maintained by the Federal Bureau of
Investigation.
(b) As soon as practicable after the effective date of this
Act, the executive director of the Board of Nurse Examiners shall
request from the appropriate office of the United States Department
of Justice a determination letter as to whether the Board of Nurse
Examiners is recognized as a criminal justice agency for the sole
purpose of directly obtaining criminal history record information
maintained by the Federal Bureau of Investigation.
(c) On receipt of the letter requested under Subsection (b)
of this section, the executive director of the Board of Nurse
Examiners shall give the letter to the secretary of state for
publication in the Texas Register.
SECTION 6. This Act takes effect September 1, 2001.