BILL ANALYSIS

 

 

Senate Research Center

S.B. 2000

88R16238 AMF-D

By: Whitmire

 

Criminal Justice

 

3/24/2023

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Article 7 of the Texas Constitution acknowledges the importance of providing a public education as being, "�essential to the preservation of the liberties and rights of the people,�" Sadly, many institutions of learning have experienced terrible tragedies that have become far too common across the country. To help combat this, many public school districts have utilized commissioned peace officers to provide a higher level of safety and security. However, if a large parochial school wanted to offer the same level of security at their own expense, they are not afforded that opportunity.

 

PURPOSE

 

As private and religious institutions, parochial schools are not state funded. As such, they pay for their own security and should be given the opportunity to have commissioned peace officers provide protection for its students, faculty, and facilities.

 

SOLUTION

 

Allow a parochial school to commission peace officers to enforce state and local law on a campus of the school, if that school is:

 

As proposed, S.B. 2000 amends current law relating to the commissioning of peace officers by certain parochial schools in certain counties.

 

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. PAROCHIAL SCHOOL PEACE OFFICERS (a) Defines "parochial school."

 

(b) Provides that this section applies only to a parochial school that is:

 

(1) located in a county with a population of 3.3 million or more; and

 

(2) operated by a religious organization with at least 50,000 members.

 

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

 

(d) Requires that the duties of a peace officer commissioned by a parochial school under this section include protecting:

 

(1) the safety and welfare of any person in the jurisdiction of the officer; and

 

(2) the property of the school.

 

(e) Requires a peace officer commissioned by a parochial 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.