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


Senate Research CenterC.S.S.B. 1517
By: Armbrister
Infrastructure Development and Security
4/29/2003
Committee Report (Substituted)

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. C.S.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, licensed by NRC.  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

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 2.122, Code of Criminal Procedure, by adding
Subsection (f), as follows: 

(f) 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. 

SECTION 2.  Amends Section, 1702.324(b), Occupations Code, to make
conforming and nonsubstantive changes. 

SECTION 3.  Amends Chapter 411F, 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 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. 

(b) Requires DPS to place a high priority on requests under Subsection (a)
and to respond as expeditiously as possible, and in no event later than
two business days  after the date the request is received. 

(c) 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.  Amends Title 4, Civil Practice and Remedies Code, by adding
Chapter 100, as follows: 

CHAPTER 100.  USE OF FORCE IN DEFENSE OF COMMERCIAL NUCLEAR POWER PLANTS

Sec. 100.001.  AFFIRMATIVE DEFENSE.  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. 

SECTION 5.  Effective Date: upon passage or September 1, 2003.