HBA-DMD H.B. 995 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 995 By: Hunter Public Safety 4/5/1999 Introduced BACKGROUND AND PURPOSE Hospitals hire security officers or off-duty police officers to provide security. However, security officers are only authorized to make citizens arrests, which may hinder a hospital's ability to take proactive measures in providing well-trained protection. Some hospitals are authorized to hire city police officers in cities with certain populations. H.B. 995 authorizes the governing board of a nonprofit hospital or hospital district in certain municipalities to employ and commission peace officers in order to protect the hospital. This bill specifies the peace officer's primary jurisdiction. This bill also authorizes a peace officer who is acting outside of the officer's primary jurisdiction to arrest any person who violates any law of this state in certain situations. It establishes officers who are commissioned by a hospital as peace officers with all the attendant powers, privileges, and immunities. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 311, Health and Safety Code, by adding Section 311.004, as follows: Sec. 311.004. PEACE OFFICERS OF HOSPITALS IN CERTAIN MUNICIPALITIES. (a) Authorizes the governing board of a nonprofit hospital or hospital district in a municipality with a population of 45,000 or more to employ and commission peace officers in order to protect the hospital. (b) Requires a hospital that commissions a peace officer to pay all certification or licensing fees that are charged by the Commission on Law Enforcement Officer Standards and Education for the peace officer license. (c) Provides that the primary jurisdiction for a peace officer who is commissioned by a hospital includes the property that is owned or controlled by the hospital and the part of any public street or alley that is adjacent to hospital property. (d) Provides that within a peace officer's primary jurisdiction, a peace officer who is commissioned under this section is: (1) vested with all the powers, privileges, and immunities of peace officers; (2) authorized to arrest any person, without a warrant, who violates a law of the state, in accordance with Chapter 14, Code of Criminal Procedure (Arrest Without Warrant); and (3) is authorized to enforce all traffic laws on streets and highways. (e) Authorizes a peace officer commissioned under this section who is acting outside of the officer's primary jurisdiction to arrest any person who violates any law of this state, provided that the peace officer is summoned by a law enforcement agency to provide assistance or is assisting a law enforcement agency; and vests a peace officer commissioned under this section with all powers, privileges, and immunities of peace officers. SECTION 2. Amends Article 2.12, Code of Criminal Procedure, to include as peace officers those officers who are commissioned by a hospital under Section 311.004, Health and Safety Code. Makes conforming changes. SECTION 3. Emergency clause. Effective date: upon passage.