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AN ACT
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relating to providing police and security services for certain |
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post-secondary educational institutions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a) and (c), Section 51.2125, |
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Education Code, are amended to read as follows: |
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(a) This section applies only to a private institution of |
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higher education that [has a fall head count enrollment of more than
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10,000 students and that] has under its control and jurisdiction |
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property that is contiguous to, or located in any part within the |
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boundaries of, a home-rule municipality that has [with] a |
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population of 1.18 million or more and is located predominantly in a |
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county that has a total area of less than 1,000 square miles [than
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one million]. For purposes of this section, a private institution |
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of higher education is a private or independent institution of |
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higher education as defined by Section 61.003. |
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(c) A mutual assistance agreement authorized by this |
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section may designate the geographic area in which the campus peace |
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officers are authorized to provide assistance to the peace officers |
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of the municipality, except that if the agreement is entered into |
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with a municipality described by Subsection (a) that elects all or |
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part of the municipality's governing body from election districts |
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[with a population of more than one million], the designated |
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geographic area consists of each of the election districts of the |
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municipality's governing body that contains any part of the campus |
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of the institution and each of the election districts of the |
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governing body that is contiguous to another municipality that |
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contains any part of the campus of the institution. |
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SECTION 2. Subsections (a), (c), (d), (f), and (g), Section |
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51.214, Education Code, are amended to read as follows: |
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(a) In any municipality with a population of 1.18 million or |
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more, the governing board of a private, nonprofit medical |
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corporation, or of the parent corporation of such medical |
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corporation, that provides police or security services for an |
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institution of higher education or a private postsecondary |
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educational institution [and other entities] located within one of |
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the medical corporation's or parent corporation's [the same] |
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medical complexes [complex], or that provides police or security |
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services for another medical complex legally affiliated with or |
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owned, leased, managed, or controlled by the [a branch of that] |
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medical corporation or parent corporation, may employ and |
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commission police or security personnel to enforce the law of this |
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state within the jurisdiction designated by Subsection (c). |
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(c) The jurisdiction of an officer commissioned under this |
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section is limited to: |
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(1) property under the control and jurisdiction of the |
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private, nonprofit medical corporation or its parent corporation or |
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any entity legally affiliated with or owned, leased, managed, or |
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controlled by the medical corporation or its parent corporation; |
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[and] |
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(2) a street or alley that abuts the property or an |
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easement in or a right-of-way over or through the property |
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described by Subdivision (1); and |
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(3) any other location in which the officer is |
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performing duties assigned to the officer by the private, nonprofit |
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medical corporation or its parent corporation, regardless of |
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whether the officer is on property under the control and |
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jurisdiction of the medical corporation or its parent corporation, |
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provided that the assigned duties are consistent with the mission |
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of the medical corporation or its parent corporation and are being |
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performed within a county in which the medical corporation or its |
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parent corporation owns real property. |
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(d) An officer commissioned [by a medical corporation] |
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under this section is not entitled to compensation or benefits |
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provided by this state or a political subdivision of this state. |
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(f) A [medical corporation may not commission a] person may |
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not be commissioned under this section unless the person obtains a |
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peace officer license issued by the Commission on Law Enforcement |
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Officer Standards and Education. The employing medical corporation |
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or parent corporation shall pay to the Commission on Law |
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Enforcement Officer Standards and Education on behalf of an |
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employee any fees that are necessary to obtain a required license. |
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(g) A person's commission and any authority to act as an |
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officer under this section are automatically revoked if the |
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person's employment [with a medical corporation] is terminated for |
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any reason. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1735 passed the Senate on |
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April 30, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 30, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1735 passed the House, with |
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amendment, on May 27, 2009, by the following vote: Yeas 145, |
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Nays 3, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |