By:  Armbrister                                                   S.B. No. 1517
	(In the Senate - Filed March 13, 2003; March 20, 2003, read 
first time and referred to Committee on Infrastructure Development 
and Security; April 30, 2003, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 6, Nays 0; 
April 30, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1517                                   By:  Deuell

A BILL TO BE ENTITLED
AN ACT
relating to authority of security personnel at commercial nuclear power plants. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 2.122, Code of Criminal Procedure, is amended by adding Subsection (f) to read as follows: (f) Security personnel working at a commercial nuclear power plant, including contract security personnel, trained and qualified under a security plan approved by the United States 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, Penal Code, while in the performance of their duties on the premises of a commercial nuclear power plant site or under agreements entered into with local law enforcement regarding areas surrounding the plant site. SECTION 2. Subsection (b), Section 1702.324, Occupations Code, is amended to read as follows: (b) This chapter does not apply to: (1) a manufacturer or a manufacturer's authorized distributor who sells equipment to a license holder that is used in the operations for which the person is required to be licensed; (2) a person engaged exclusively in the business of obtaining and providing information to: (A) determine creditworthiness; (B) collect debts; or (C) ascertain the reliability of information provided by an applicant for property, life, or disability insurance or an indemnity or surety bond; (3) a person engaged exclusively in the business of repossessing property that is secured by a mortgage or other security interest; (4) a locksmith who: (A) does not install or service detection devices; (B) does not conduct investigations; and (C) is not a security services contractor; (5) a person who: (A) is engaged in the business of psychological testing or other testing and interviewing services, including services to determine attitudes, honesty, intelligence, personality, and skills, for preemployment purposes; and (B) does not perform any other service that requires a license under this chapter; (6) a person who: (A) is engaged in obtaining information that is a public record under Chapter 552, Government Code, regardless of whether the person receives compensation; (B) is not a full-time employee, as defined by Section 61.001, Labor Code, of a person licensed under this chapter; and (C) does not perform any other act that requires a license under this chapter; (7) a licensed professional engineer practicing engineering or directly supervising engineering practice under The Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil Statutes), including forensic analysis, burglar alarm system engineering, and necessary data collection; (8) an employee of a cattle association who inspects livestock brands under the authority granted to the cattle association by the Grain Inspection, Packers and Stockyards Administration of the United States Department of Agriculture; (9) a landman performing activities in the course and scope of the landman's business; (10) an attorney while engaged in the practice of law; (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 3. Subchapter F, 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) A commercial nuclear power plant licensee and its contractors, for security reasons and consistent 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 at or access to the commercial nuclear power plant. (b) The department shall place a high priority on requests under Subsection (a) and respond as expeditiously as possible; in no event shall the department respond later than two business days after the date the request is received by the department. (c) Criminal history information obtained from the department may not be 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. Title 4, Civil Practice and Remedies Code, is amended by adding Chapter 100 to read as follows:
CHAPTER 100. USE OF FORCE IN DEFENSE OF COMMERCIAL NUCLEAR POWER PLANTS
Sec. 100.001. AFFIRMATIVE DEFENSE. 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, Penal Code. SECTION 5. 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.
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