SRC-AMY S.B. 1517 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1517
By: Armbrister
Infrastructure Development and Security
4/4/2003
As Filed


DIGEST 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. As proposed, S.B. 1517 designates security personnel,
including security contract personnel, as peace officers while in the
performance of their duties as part of an approved security organization
at a commercial nuclear power plant, licensed by the United States Nuclear
Regulatory Commission.  This bill also authorizes commercial nuclear power
plant licensees to obtain criminal history record information from the
Department of Public Safety. 

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 Article 2.12, Code of Criminal Procedure, by amending
Subdivisions (32) and (33), and adding Subdivision (34), as follows: 

(32) Makes a nonsubstantive change.

(33) Makes a nonsubstantive change.

(34) Includes in the list of persons who are peace officers, security
personnel, including security contract personnel, while in the performance
of their duties as part of an approved security organization at a
commercial nuclear power plant, licensed by the United States Nuclear
Regulatory Commission, for the purpose of protecting the plant and nuclear
material from threats, thefts, and sabotage. 

SECTION 2.  Amends Section 1701.003, Occupations Code, by amending
Subsection (a)(2) and adding Subsection (a)(3), to make conforming and
nonsubstantive changes. 

SECTION 3.  Amends Section, 1702.324, Occupations Code, by amending
Subsections (b)(11) and (b)(12), and by adding Subsection (b)(13), as
follows to make conforming and nonsubstantive changes. 

SECTION 4.  Amends Chapter 411, Government Code, by adding Section
411.1181, as follows: 

Sec. 411.1181.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: COMMERCIAL
NUCLEAR POWER PLANT LICENSEES.  (a) Provides that commercial nuclear power
plant licensees, and their designees, for security reasons and compliance
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 or access at the
commercial nuclear power plant. 

(b) Requires DPS to place a priority on requests under Subsection (a) and
to respond as expeditiously as possible, and in no event not later than
two business days after the date the request is received. 

SECTION 5.  Amends Section 83.001, Civil Practice and Remedies Code, by
adding Subsection (b), as follows to provide that it is an affirmative
defense to a civil action, for damages for personal injury or death, that
the defendant, at the time the cause of action arose, was a peace officer
pursuant to Article 2.12(34), Code of Criminal Procedure, and was
justified in using deadly force under Section 9.51(c) (Arrest and Search),
Penal Code. 

SECTION 6.  Effective Date: upon passage or September 1, 2003.