S.B. 801 78(R)    BILL ANALYSIS


S.B. 801
By: Madla
Law Enforcement
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, the Dallas, Tarrant, and Bexar County Hospital
Districts have the authority to employ and commission peace officers.
However, the jurisdiction of these districts is not clearly expressed.
Senate Bill 801 allows prompt response to situations which may place the
security of the facilities at risk or which may otherwise hinder access to
and from the facilities by providing that the jurisdiction of a peace
officer commissioned by the Dallas, Tarrant, or Bexar County Hospital
Districts includes the property owned or controlled by the district and
any street abutting, right-ofway over or through, or easement in 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

Senate Bill 801 amends Section 281.057, Health and Safety Code, to provide
that the jurisdiction of a peace officer commissioned under this section
includes the property owned or controlled by the hospital district that
employs the peace officer and any street abutting, right-of-way over or
through, or easement in the property.  The bill also provides that in a
district peace officer's jurisdiction, the peace officer has the authority
granted by Chapter 14 (Arrest Without Warrant), Code of Criminal
Procedure, and district peace officers are no longer required to have a
warrant to make an arrest if the offense involves injury or harm to any
property owned or controlled by the district.  The bill removes language
that authorizes district peace officers to make an arrest if the arrest is
necessary to prevent or abate the commission of a criminal offense and the
offense or threatened offense occurs on any land, easement, right-of-way,
or other property owned or controlled by the district.    

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.