By:  Miller                                                       H.B. No. 2601



A BILL TO BE ENTITLED

AN ACT

relating to making security personnel at commercial nuclear power 
plants peace officers for the purpose of meeting federal 
requirements for protecting against terrorist attacks and 
improving the process for qualifying those security personnel.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 2.12, Code of Criminal Procedure, is 
amended by amending Subdivisions (32) and (33) and adding 
Subdivision (34) to read as follows:
	The following are peace officers:                                              
		(32)  commission investigators commissioned by the 
Texas Commission on Private Security under Section 1702.061(f), 
Occupations Code; [and]
		(33)  the fire marshal, and any investigators 
commissioned by an emergency services district to assist that fire 
marshal, under Subchapter F, Chapter 775, Health and Safety Code; 
and [.]
		(34)  security personnel, including security contract 
personnel, while in the performance of there 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.  Section 1701.003, Occupations Code, is amended 
by amending Subsection (a)(2) and adding Subsection (a)(3) to read 
as follows:  (a)  Except as expressly provided by this chapter, this 
chapter does not:
		(1)  limit the powers or duties of a municipality or 
county; or             
		(2)  affect Chapter 143, Local Government Code; or[.] 
		(3)  apply to security personnel, including security 
contract personnel, working at a commercial nuclear power plant 
licensed by the United States Nuclear Regulatory Commission.
	SECTION 3.  Section 1702.324, Occupations Code, is amended 
by amending Subsections (b)(11) and (b)(12) and adding Subsection 
(b)(13) to read as follows:
	(b)  This chapter does not apply to:                                           
		(11)  a person who obtains a document for use in 
litigation under an authorization or subpoena issued for a written 
or oral deposition; [or]
		(12)  an admitted insurer, insurance adjuster, agent, 
or insurance broker licensed by the state, performing duties in 
connection with insurance transacted by that person; or[.]
		(13)  security personnel, including security contract 
personnel, working at a commercial nuclear power plant licensed by 
the United States Nuclear Regulatory Commission.
	SECTION 4.  Chapter 411, Government Code, is amended by 
adding Section 411.1181 to read as follows:
	Sec. 411.1181.  ACCESS TO CRIMINAL HISTORY RECORD 
INFORMATION:  COMMERCIAL NUCLEAR POWER PLANT LICENSEES.  (a)  
Commercial nuclear power plant licensees, and their designees, for 
security reasons and compliance with requirements of the United 
States Nuclear Regulatory Commission, are entitled to obtain from 
the department criminal history record information maintained by 
the department that relates to a person who has or is seeking 
employment or access at the commercial nuclear power plant.
	(b)  The department shall place a priority on requests under 
Subsection (a) and respond as expeditiously as possible, which in 
no event shall be later than two business days after the date the 
request is received.
	SECTION 5.  Section 83.001, Civil Practice and Remedies 
Code, is amended by adding Subsection (b) to read as follows:
	(b)  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), Penal Code.
	SECTION 6.  EFFECTIVE DATE.  This Act takes effect 
immediately if it receives a vote of two-thirds of all the members 
elected to each house, as provided by Section 39, Article III, Texas 
Constitution.  If this Act does not receive the vote necessary for 
immediate effect, this Act takes effect September 1, 2003.