Texas 2009 - 81st Regular

Texas House Bill HB3803 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R26239 PEP-D
2	2	By: King of Zavala H.B. No. 3803
3	3	Substitute the following for H.B. No. 3803:
4	4	By: Frost C.S.H.B. No. 3803
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to railroad peace officers appointed by the public safety
10	10	director of the Department of Public Safety.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 2.12, Code of Criminal Procedure, is
13	13	amended to read as follows:
14	14	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
15	15	officers:
16	16	(1) sheriffs, their deputies, and those reserve
17	17	deputies who hold a permanent peace officer license issued under
18	18	Chapter 1701, Occupations Code;
19	19	(2) constables, deputy constables, and those reserve
20	20	deputy constables who hold a permanent peace officer license issued
21	21	under Chapter 1701, Occupations Code;
22	22	(3) marshals or police officers of an incorporated
23	23	city, town, or village, and those reserve municipal police officers
24	24	who hold a permanent peace officer license issued under Chapter
25	25	1701, Occupations Code;
26	26	(4) rangers and officers commissioned by the Public
27	27	Safety Commission and the Director of the Department of Public
28	28	Safety;
29	29	(5) investigators of the district attorneys', criminal
30	30	district attorneys', and county attorneys' offices;
31	31	(6) law enforcement agents of the Texas Alcoholic
32	32	Beverage Commission;
33	33	(7) each member of an arson investigating unit
34	34	commissioned by a city, a county, or the state;
35	35	(8) officers commissioned under Section 37.081,
36	36	Education Code, or Subchapter E, Chapter 51, Education Code;
37	37	(9) officers commissioned by the General Services
38	38	Commission;
39	39	(10) law enforcement officers commissioned by the
40	40	Parks and Wildlife Commission;
41	41	(11) airport police officers commissioned by a city
42	42	with a population of more than 1.18 million that operates an airport
43	43	that serves commercial air carriers;
44	44	(12) airport security personnel commissioned as peace
45	45	officers by the governing body of any political subdivision of this
46	46	state, other than a city described by Subdivision (11), that
47	47	operates an airport that serves commercial air carriers;
48	48	(13) municipal park and recreational patrolmen and
49	49	security officers;
50	50	(14) security officers and investigators commissioned
51	51	as peace officers by the comptroller;
52	52	(15) officers commissioned by a water control and
53	53	improvement district under Section 49.216, Water Code;
54	54	(16) officers commissioned by a board of trustees
55	55	under Chapter 54, Transportation Code;
56	56	(17) investigators commissioned by the Texas Medical
57	57	Board;
58	58	(18) officers commissioned by the board of managers of
59	59	the Dallas County Hospital District, the Tarrant County Hospital
60	60	District, or the Bexar County Hospital District under Section
61	61	281.057, Health and Safety Code;
62	62	(19) county park rangers commissioned under
63	63	Subchapter E, Chapter 351, Local Government Code;
64	64	(20) investigators employed by the Texas Racing
65	65	Commission;
66	66	(21) officers commissioned under Chapter 554,
67	67	Occupations Code;
68	68	(22) officers commissioned by the governing body of a
69	69	metropolitan rapid transit authority under Section 451.108,
70	70	Transportation Code, or by a regional transportation authority
71	71	under Section 452.110, Transportation Code;
72	72	(23) investigators commissioned by the attorney
73	73	general under Section 402.009, Government Code;
74	74	(24) security officers and investigators commissioned
75	75	as peace officers under Chapter 466, Government Code;
76	76	(25) an officer employed by the Department of State
77	77	Health Services under Section 431.2471, Health and Safety Code;
78	78	(26) officers appointed by an appellate court under
79	79	Subchapter F, Chapter 53, Government Code;
80	80	(27) officers commissioned by the state fire marshal
81	81	under Chapter 417, Government Code;
82	82	(28) an investigator commissioned by the commissioner
83	83	of insurance under Section 701.104, Insurance Code;
84	84	(29) apprehension specialists and inspectors general
85	85	commissioned by the Texas Youth Commission as officers under
86	86	Sections 61.0451 and 61.0931, Human Resources Code;
87	87	(30) officers appointed by the inspector general of
88	88	the Texas Department of Criminal Justice under Section 493.019,
89	89	Government Code;
90	90	(31) investigators commissioned by the Commission on
91	91	Law Enforcement Officer Standards and Education under Section
92	92	1701.160, Occupations Code;
93	93	(32) commission investigators commissioned by the
94	94	Texas Private Security Board under Section 1702.061(f),
95	95	Occupations Code;
96	96	(33) the fire marshal and any officers, inspectors, or
97	97	investigators commissioned by an emergency services district under
98	98	Chapter 775, Health and Safety Code;
99	99	(34) officers commissioned by the State Board of
100	100	Dental Examiners under Section 254.013, Occupations Code, subject
101	101	to the limitations imposed by that section; [and]
102	102	(35) investigators commissioned by the Texas Juvenile
103	103	Probation Commission as officers under Section 141.055, Human
104	104	Resources Code; and
105	105	(36) railroad peace officers appointed by the public
106	106	safety director of the Department of Public Safety under Article
107	107	2.121, subject to the limitations imposed by that article.
108	108	SECTION 2. Article 2.121, Code of Criminal Procedure, is
109	109	amended to read as follows:
110	110	Art. 2.121. RAILROAD PEACE OFFICERS. (a) The public safety
111	111	director of the Department of Public Safety may appoint [up to 250]
112	112	railroad peace officers who are employed by a railroad company to
113	113	aid law enforcement agencies in the protection of railroad property
114	114	and the protection of the persons and property of railroad
115	115	passengers and employees. Except as provided by Subsection (b),
116	116	each appointed officer has all the powers, privileges, and
117	117	immunities of a peace officer while carrying out duties as a
118	118	railroad peace officer within the boundaries of this state.
119	119	(b) [Except as provided by Subsection (c) of this article, a
120	120	railroad peace officer may make arrests and exercise all authority
121	121	given peace officers under this code when necessary to prevent or
122	122	abate the commission of an offense involving injury to passengers
123	123	and employees of the railroad or damage to railroad property or to
124	124	protect railroad property or property in the custody or control of
125	125	the railroad.
126	126	[(c)] A railroad peace officer may [not] issue a traffic
127	127	citation for a violation of Chapter 521, Transportation Code, or
128	128	Subtitle C, Title 7, Transportation Code, only if the violation:
129	129	(1) occurs on railroad property;
130	130	(2) is a violation of a traffic sign, signal, or
131	131	marking located on railroad property; or
132	132	(3) immediately affects railroad operations.
133	133	(c) [(d)] A railroad peace officer is not entitled to state
134	134	benefits normally provided by the state to a peace officer.
135	135	(d) [(e)] A person may not serve as a railroad peace officer
136	136	for a railroad company unless:
137	137	(1) the Texas Railroad Association submits the
138	138	person's application for appointment and certification as a
139	139	railroad peace officer to the public safety director of the
140	140	Department of Public Safety and to the executive director of the
141	141	Commission on Law Enforcement Officer Standards and Education;
142	142	(2) the public safety director of the department
143	143	issues the person a certificate of authority to act as a railroad
144	144	peace officer; and
145	145	(3) the executive director of the commission
146	146	determines that the person meets minimum standards required of
147	147	peace officers by the commission relating to competence,
148	148	reliability, education, training, morality, and physical and
149	149	mental health and issues the person a license as a railroad peace
150	150	officer; and
151	151	(4) the person has met all standards for certification
152	152	as a peace officer by the Commission on Law Enforcement Officer
153	153	Standards and Education.
154	154	(e) [(f)] For good cause, the public safety director of the
155	155	department may revoke a certificate of authority issued under this
156	156	article and the executive director of the commission may revoke a
157	157	license issued under this article. Termination of employment with
158	158	a railroad company, or the revocation of a railroad peace officer
159	159	license, constitutes [shall constitute] an automatic revocation of
160	160	a certificate of authority to act as a railroad peace officer.
161	161	(f) [(g)] A railroad company is liable for any act or
162	162	omission by a person serving as a railroad peace officer for the
163	163	company that is within the person's scope of employment. Neither
164	164	the state nor any political subdivision or agency of the state is
165	165	[shall be] liable for any act or omission by a person appointed as a
166	166	railroad peace officer. The employing railroad company shall pay
167	167	all [All] expenses incurred by the granting or revocation of a
168	168	certificate of authority to act as a railroad peace officer [shall
169	169	be paid by the employing railroad company].
170	170	(g) [(h)] A railroad peace officer who is a member of a
171	171	railroad craft may not perform the duties of a member of any other
172	172	railroad craft during a strike or labor dispute.
173	173	(h) [(i)] The public safety director of the department and
174	174	the executive director of the commission may adopt [shall have the
175	175	authority to promulgate] rules necessary for the effective
176	176	administration and performance of the duties and responsibilities
177	177	delegated to the directors [them] by this article.
178	178	SECTION 3. This Act takes effect immediately if it receives
179	179	a vote of two-thirds of all the members elected to each house, as
180	180	provided by Section 39, Article III, Texas Constitution. If this
181	181	Act does not receive the vote necessary for immediate effect, this
182	182	Act takes effect September 1, 2009.