BILL ANALYSIS

 

 

Senate Research Center	H.B. 4372
88R13682 TSS-F	By: Oliverson; Harless (Campbell)
	Education
	5/16/2023
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

In the past decade, there have been dozens of school shootings across the country. Ensuring the security of students and staff in schools is crucial to having a successful education system. While public school districts have the option to commission peace officers, private schools do not. With many big city law enforcement agencies reporting staffing issues, it is imperative that private schools have law enforcement officers of their own to rely on, as any delay in response time can lead to increased harm. H.B. 4372 seeks to authorize large private schools to commission peace officers to enforce state and local law on the school's campus.

 

H.B. 4372 amends current law relating to the commissioning of peace officers by certain private schools.

 

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 Subchapter C, Chapter 37, Education Code, by adding Section 37.0818, as follows:

 

Sec. 37.0818. PRIVATE SCHOOL PEACE OFFICERS. (a) Provides that this section applies only to a private school that has an enrollment of at least 1,500 students.

 

(b) Authorizes the governing body of a private school to which this section applies to commission peace officers to enforce state and local law on a campus of the school.

 

(c) Requires a peace officer commissioned by a private school under this section to meet all minimum standards for peace officers established by the Texas Commission on Law Enforcement.

 

SECTION 2. Amends Article 2.12, Code of Criminal Procedure, as follows:

 

Art. 2.12. WHO ARE PEACE OFFICERS. Provides that the following are peace officers:

 

(1)-(7) makes no changes to these subdivisions;

 

(8) officers commissioned under Section 37.081 (School District Peace Officers, School Resource Officers, and Security Personnel) or 37.0818, Education Code, or Subchapter E (Protection of Buildings and Grounds), Chapter 51, Education Code; and

 

(9)-(34) makes no changes to these subdivisions.

SECTION 3. Effective date: September 1, 2023.