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.