S.B. 1517 78(R)    BILL ANALYSIS


S.B. 1517
By: Armbrister
Defense Affairs and State-Federal Relations
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The United States Nuclear Regulatory Commission (NRC) requires commercial
nuclear power plants to maintain rigorous security programs and approved
security plans. The NRC also imposes extensive training and qualification
requirements for site security personnel. Since the terrorist attacks of
September 11, 2001, the NRC and the nuclear industry has worked to
strengthen nuclear plants' capability and readiness to respond to
potential threats on nuclear facilities. For nuclear plants to fully meet
NRC directives and to enhance plant security, nuclear plant security
personnel need greater authority under state law to respond to dangerous
situations. S.B. 1517 authorizes security personnel trained and qualified
under an NRC-approved security plan, including security contract
personnel, to perform certain activities, including arrest and search and
seizure, while in the performance of their duties at a commercial nuclear
power plant. This bill also authorizes commercial nuclear power plant
licensees to obtain criminal history record information from the
Department of Public Safety, and prohibits release of such information
except in certain circumstances. 


RULEMAKING AUTHORITY

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


ANALYSIS

SB 1517 provides that security personnel working at a commercial nuclear
power plant, including security contract personnel, trained and qualified
under a security plan approved by the Nuclear Regulatory Commission, are
not peace officers under the laws of this state, except that such
personnel have the powers of arrest, search, and seizure, including the
powers under Section 9.51 (Arrest and Search), Penal Code, while in the
performance of their duties on the premises of a commercial nuclear power
plant site, or under agreements with local law enforcement regarding areas
surrounding the plant site. 

The bill provides that commercial nuclear power plant licensees, and its
contractors, for security reasons and consistent with United States
Nuclear Regulatory Commission requirements, are entitled to obtain
criminal history record information from the Department of Public Safety
of the State of Texas (DPS), maintained by DPS, that relates to a person
who has or is seeking employment at or access to the commercial nuclear
power plant. 

The bill requires DPS to place a high priority on requests and to respond
as expeditiously as possible, and in no event later than two business days
after the date the request is received. 

The bill prohibits criminal history information obtained from DPS from
being released or disclosed, except as needed in protecting the security
of a commercial nuclear power plant, or as authorized by the United States
Nuclear Regulatory Commission, a court order, or a federal or state law or
order. 

SECTION 4 provides that it is an affirmative defense to a civil action,
for damages for personal injury or death brought against a person
performing duties under Article 2.122(f), Code of Criminal Procedure, the
person's employer, or the owner of a commercial nuclear power plant where
the  person was working, that at the time the cause of action arose the
person was justified in using force under Chapter 9 (Arrest and Search),
Penal Code. 

EFFECTIVE DATE

September 1, 2003, unless the Act receives the necessary votes for
immediate effect.