C.S.S.B. 568 78(R)    BILL ANALYSIS


C.S.S.B. 568
By: West
Law Enforcement
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, under state law, medical corporations in certain municipalities
that maintain a security department, staffed with licensed peace officers,
have the jurisdiction of their officers restricted to their property.
However, city streets run through the hospital property and criminal
activity occurs on these streets.  The officers have full authority to
enforce state law on the property, but they cannot walk into the street or
across a curb to perform any law enforcement related activities.  As
proposed, C.S.S.B. 568 expands the jurisdiction of these officers to
include the property owned, leased, managed, or controlled by the medical
corporation and a street or alley that abuts the property or an easement
in or a right-of-way over or through the property. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.S.B. 568 amends Section 51.214 of the Education Code  by altering the
jurisdiction of officers employed by medical corporations in cities of
1.18 million or more.  As designated by Subsection (c), created by this
Act, the jurisdiction of an officer commissioned under this section is
limited to: 

_property owned, leased, managed, or controlled by the medical
corporation; and 

_a street or alley that abuts the property or an easement in or a
right-of-way over or through the property. 

The bill authorizes an officer commissioned under this section to make
arrests within the jurisdiction designated by Subsection (c) .   

C.S.S.B. 568 provides that an officer commissioned by a medical
corporation under this section is not entitled to compensation or benefits
provided by this state or a political subdivision of this state. The state
or political subdivision is not liable for an act or omission of an
officer during the performance of the officer's assigned duties.  A
medical corporation is prohibited from commissioning a person who has not
obtained a peace officer license issued by the Texas Commission on Law
Enforcement Standards and Education (TCLEOSE), and must pay TCLEOSE any
fees that are necessary to obtain a required license on behalf of an
employee.  If a person's employment with a medical corporation is
terminated for any reason, the person's commission and any authority to
act as an officer are automatically revoked.     

A person commissioned before the effective date of this Act is required to
obtain a peace officer license from TCLEOSE no later than September 1,
2004, and the person's commission and authority to act as an officer is
automatically revoked for failure to obtain a license by the required
date.   

EFFECTIVE DATE

This Act takes effect September 1, 2003.


 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 568 modifies the original by altering the jurisdiction of peace
officers employed by certain medical corporations.  The substitute strikes
language that gives these officers jurisdiction over a perimeter area that
extends not father than one mile from property owned, leased, managed, or
controlled by the medical corporation, including public streets or alleys,
and replaces it with language limiting the jurisdiction to a street or
alley that abuts the property or an easement in or a right-of-way over or
through the property.