By: Carona S.B. No. 1285
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the practice of nursing.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter J, Chapter 301, Occupations Code, is
1-5 amended by adding Sections 301.4651 and 301.4652 to read as
1-6 follows:
1-7 Sec. 301.4651. PEACE OFFICERS. (a) The board may
1-8 commission as a peace officer to enforce this chapter an employee
1-9 who has been certified as a peace officer by the Commission on Law
1-10 Enforcement Officer Standards and Education.
1-11 (b) An employee commissioned as a peace officer under this
1-12 section has the powers, privileges, and immunities of a peace
1-13 officer while carrying out duties as a peace officer under this
1-14 chapter, except that the employee may not carry a firearm or make
1-15 an arrest.
1-16 Sec. 301.4652. CRIMINAL HISTORY RECORD INFORMATION. (a) In
1-17 addition to the board's authority under Subchapter F, Chapter 411,
1-18 Government Code, the board may directly request and receive
1-19 criminal history record information from the Federal Bureau of
1-20 Investigation.
1-21 (b) Criminal history record information received by the
1-22 board may only be used by the board and is privileged. Criminal
1-23 history record information may not be disclosed to any person
1-24 except:
1-25 (1) under a court order; or
2-1 (2) to a nursing board that is a member of the Nurse
2-2 Licensure Compact under Article 4528b, Revised Statutes. (c) A
2-3 person is entitled to a hearing under Section 301.454 if, because
2-4 of criminal history record information obtained by the board, the
2-5 board proposes to:
2-6 (1) determine that a petitioner under Section 301.257
2-7 or a license applicant is ineligible for a license; or
2-8 (2) suspend or revoke a person's license or temporary
2-9 permit.
2-10 (d) The board shall adopt rules providing for the fair and
2-11 uniform application of this section.
2-12 SECTION 2. Subchapter D, Chapter 301, Occupations Code, is
2-13 amended by adding Section 301.1605 to read as follows:
2-14 Sec. 301.1605. PILOT AND DEMONSTRATION RESEARCH PROJECTS.
2-15 (a) The board may approve pilot and demonstration research
2-16 projects for innovative applications in the regulation or practice
2-17 of professional nursing.
2-18 (b) The board shall specify the procedures to be followed in
2-19 applying for approval of a project.
2-20 (c) The approval may include a provision granting an
2-21 exception to any rule adopted under this chapter. The board may
2-22 condition approval of a project on compliance with this section and
2-23 rules adopted under this section.
2-24 (d) This section does not expand the meaning of professional
2-25 nursing.
2-26 SECTION 3. Article 2.12, Code of Criminal Procedure, as
3-1 amended by Chapters 90, 332, 882, and 974, Acts of the 76th
3-2 Legislature, Regular Session, 1999, is amended to read as follows:
3-3 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
3-4 officers:
3-5 (1) sheriffs, their deputies, and those reserve
3-6 deputies who hold a permanent peace officer license issued under
3-7 Chapter 1701, Occupations [415, Government] Code;
3-8 (2) constables, deputy constables, and those reserve
3-9 deputy constables who hold a permanent peace officer license issued
3-10 under Chapter 1701, Occupations [415, Government] Code;
3-11 (3) marshals or police officers of an incorporated
3-12 city, town, or village, and those reserve municipal police officers
3-13 who hold a permanent peace officer license issued under Chapter
3-14 1701, Occupations [415, Government] Code;
3-15 (4) rangers and officers commissioned by the Public
3-16 Safety Commission and the Director of the Department of Public
3-17 Safety;
3-18 (5) investigators of the district attorneys', criminal
3-19 district attorneys', and county attorneys' offices;
3-20 (6) law enforcement agents of the Texas Alcoholic
3-21 Beverage Commission;
3-22 (7) each member of an arson investigating unit
3-23 commissioned by a city, a county, or the state;
3-24 (8) officers commissioned under Section 37.081,
3-25 Education Code, or Subchapter E, Chapter 51, Education Code;
3-26 (9) officers commissioned by the General Services
4-1 Commission;
4-2 (10) law enforcement officers commissioned by the
4-3 Parks and Wildlife Commission;
4-4 (11) airport police officers commissioned by a city
4-5 with a population of more than one million[, according to the most
4-6 recent federal census,] that operates an airport that serves
4-7 commercial air carriers;
4-8 (12) airport security personnel commissioned as peace
4-9 officers by the governing body of any political subdivision of this
4-10 state, other than a city described by Subdivision (11), that
4-11 operates an airport that serves commercial air carriers;
4-12 (13) municipal park and recreational patrolmen and
4-13 security officers;
4-14 (14) security officers commissioned as peace officers
4-15 by the comptroller;
4-16 (15) officers commissioned by a water control and
4-17 improvement district under Section 49.216, Water Code;
4-18 (16) officers commissioned by a board of trustees
4-19 under Chapter 54, Transportation Code [341, Acts of the 57th
4-20 Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas
4-21 Civil Statutes)];
4-22 (17) investigators commissioned by the Texas State
4-23 Board of Medical Examiners;
4-24 (18) officers commissioned by the board of managers of
4-25 the Dallas County Hospital District, the Tarrant County Hospital
4-26 District, or the Bexar County Hospital District under Section
5-1 281.057, Health and Safety Code;
5-2 (19) county park rangers commissioned under Subchapter
5-3 E, Chapter 351, Local Government Code;
5-4 (20) investigators employed by the Texas Racing
5-5 Commission;
5-6 (21) officers commissioned under Chapter 554,
5-7 Occupations Code [by the State Board of Pharmacy];
5-8 (22) officers commissioned by the governing body of a
5-9 metropolitan rapid transit authority under Section 451.108,
5-10 Transportation Code, or by a regional transportation authority
5-11 under Section 452.110, Transportation Code;
5-12 (23) investigators commissioned by the attorney
5-13 general under Section 402.009, Government Code;
5-14 (24) security officers and investigators commissioned
5-15 as peace officers under Chapter 466, Government Code;
5-16 (25) an officer employed by the Texas Department of
5-17 Health under Section 431.2471, Health and Safety Code;
5-18 (26) officers appointed by an appellate court under
5-19 Subchapter F, Chapter 53, Government Code;
5-20 (27) officers commissioned by the state fire marshal
5-21 under Chapter 417, Government Code;
5-22 (28) an investigator commissioned by the commissioner
5-23 of insurance under Article 1.10D, Insurance Code;
5-24 (29) apprehension specialists commissioned by the
5-25 Texas Youth Commission as officers under Section 61.0931, Human
5-26 Resources Code; [and]
6-1 (30) officers appointed by the executive director of
6-2 the Texas Department of Criminal Justice under Section 493.019,
6-3 Government Code;[.]
6-4 (31) [(30)] investigators commissioned by the
6-5 Commission on Law Enforcement Officer Standards and Education under
6-6 Section 1701.160, Occupations [415.016, Government] Code;[.]
6-7 (32) commission [(30) board] investigators
6-8 commissioned by the Texas Commission on Private Security under
6-9 Section 1702.061(f), Occupations Code; and
6-10 (33) officers commissioned by the Board of Nurse
6-11 Examiners under Chapter 301, Occupations Code [10(f), Private
6-12 Investigators and Private Security Agencies Act (Article
6-13 4413(29bb), Vernon's Texas Civil Statutes)].
6-14 SECTION 4. Section 301.160, Occupations Code, is repealed.
6-15 SECTION 5. (a) The Board of Nurse Examiners is a criminal
6-16 justice agency for the sole purpose of directly obtaining criminal
6-17 history record information maintained by the Federal Bureau of
6-18 Investigation.
6-19 (b) As soon as practicable after the effective date of this
6-20 Act, the executive director of the Board of Nurse Examiners shall
6-21 request from the appropriate office of the United States Department
6-22 of Justice a determination letter as to whether the Board of Nurse
6-23 Examiners is recognized as a criminal justice agency for the sole
6-24 purpose of directly obtaining criminal history record information
6-25 maintained by the Federal Bureau of Investigation.
6-26 (c) On receipt of the letter requested under Subsection (b)
7-1 of this section, the executive director of the Board of Nurse
7-2 Examiners shall give the letter to the secretary of state for
7-3 publication in the Texas Register.
7-4 SECTION 6. This Act takes effect September 1, 2001.