Texas House Bill HB3803

Texas 2009 - 81st Regular

• Out of House Committee: 5/2/09

Caption

Relating to railroad peace officers appointed by the public safety director of the Department of Public Safety.

Impact

The bill will potentially streamline the process of appointing railroad peace officers and clarify their roles within the law enforcement structure in Texas. By expanding the authority of railroad peace officers, the legislation aims to enhance security measures related to railroad operations and the safety of individuals involved. Notably, it stipulates that these officers cannot issue traffic citations, ensuring that their focus remains on railroad-related enforcement activities. The liability for actions taken by these peace officers will rest solely with the employing railroad company, shielding the state from any legal repercussions arising from their duties.

Summary

House Bill 3803 proposes amendments to Article 2.12 of the Code of Criminal Procedure, specifically enhancing the authority of railroad peace officers appointed by the public safety director of the Department of Public Safety. This bill enables the public safety director to appoint up to 250 railroad peace officers who will be tasked with aiding law enforcement agencies in protecting railroad property as well as the passengers and employees of railroads. Each appointed officer will have all the powers, privileges, and immunities of a peace officer while carrying out their duties within the state boundaries.

Contention

While the overall intent is to bolster railroad safety and efficiency in law enforcement partnerships, there may be contention surrounding the implications of granting peace officer status to railroad employees. Critics might raise concerns regarding accountability, given that railroad peace officers are not entitled to state benefits typically available to other peace officers. Moreover, the question of whether railroad companies have the necessary training programs to ensure proper conduct and ethical standards among these officers may be debated.

Provisions

The bill introduces procedural requirements for individuals aspiring to become railroad peace officers, necessitating approval from both the public safety director and the executive director of the Commission on Law Enforcement Officer Standards and Education. This measure intends to uphold minimum standards relating to competence and moral character. Furthermore, the bill grants the public safety director the authority to revoke appointments, thereby maintaining oversight over the actions of railroad peace officers.