SRC-LBB S.B. 1278 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1278
78R6067 MTB-DBy: Armbrister
Business & Commerce
4/25/2003
As Filed


DIGEST AND PURPOSE 

The Governor's Task Force on Homeland Security report cites electric power
production facilities as critical infrastructure and potential targets for
terrorist acts.  As proposed, S.B. 1278 authorizes security officers for
an electric cooperative that has an electric generation facility to become
peace officers to enforce the laws of Texas within a specified
jurisdiction. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 161, Utilities Code, by adding
Section 161.0765, as follows: 

Sec. 161.0765.  SECURITY OFFICERS.  (a)  Authorizes the board of an
electric cooperative that owns and operates a generating facility to
employ and commission security personnel to enforce the law of this state
within the jurisdiction designated by Subsection (c). 

(b)  Authorizes an officer commissioned under this section to make arrests
and have all the powers, privileges, and immunities of a peace officer
while performing the officer's assigned duties within the jurisdiction
designated by Subsection (c).  Requires an officer assigned to duty and
commissioned to take and file the oath required of peace officers and to
execute and file a good and sufficient bond in the sum of $1,000, payable
to the governor, with two or more good and sufficient sureties,
conditioned that the officer will fairly, impartially, and faithfully
perform the duties required of the officer by law.  Authorizes the bond to
be sued on from time to time in the name of the person injured until the
whole amount is recovered. 

(c)  Provides that the jurisdiction of an officer commissioned under this
section is limited to property owned, leased, managed, or controlled by
the electric cooperative, including an electric generation facility, a
substation, and land surrounding a power line and  a perimeter area that
extends not farther than one mile from property owned, leased, managed, or
controlled by the electric cooperative, including public streets or
alleys. 

(d)  Provides that an officer commissioned by an electric cooperative
under this section is not entitled to compensation or benefits provided by
this state or a political subdivision of this state. 

(e)  Provides that the state or a political subdivision of this state is
not liable for an act or omission of an officer commissioned under this
section during the performance of the officer's assigned duties. 

(f)  Prohibits an electric cooperative from commissioning a person under
this  section unless the person obtains a peace officer license issued by
the Commission on Law Enforcement Officer Standards and Education
(TCLEOSE).  Requires the electric cooperative to pay to the TCLEOSE on
behalf of an employee any fees that are necessary to obtain a required
license. 

(g)  Provides that a person's commission and any  authority to act as an
officer under this section are automatically revoked if the person's
employment with an electric cooperative is terminated for any reason. 

SECTION 2.  Amends Article 2.12, Code of Criminal Procedure, to include
officers commissioned under Section 161.0765, Utilities Code, as
individuals who are peace officers. 

SECTION 3.  Effective date:  September 1, 2003.