Texas 2009 - 81st Regular

Texas Senate Bill SB1735 Compare Versions

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1	1	S.B. No. 1735
2	2
3	3
4	4	AN ACT
5	5	relating to providing police and security services for certain
6	6	post-secondary educational institutions.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subsections (a) and (c), Section 51.2125,
9	9	Education Code, are amended to read as follows:
10	10	(a) This section applies only to a private institution of
11	11	higher education that [has a fall head count enrollment of more than
12	12	10,000 students and that] has under its control and jurisdiction
13	13	property that is contiguous to, or located in any part within the
14	14	boundaries of, a home-rule municipality that has [with] a
15	15	population of 1.18 million or more and is located predominantly in a
16	16	county that has a total area of less than 1,000 square miles [than
17	17	one million]. For purposes of this section, a private institution
18	18	of higher education is a private or independent institution of
19	19	higher education as defined by Section 61.003.
20	20	(c) A mutual assistance agreement authorized by this
21	21	section may designate the geographic area in which the campus peace
22	22	officers are authorized to provide assistance to the peace officers
23	23	of the municipality, except that if the agreement is entered into
24	24	with a municipality described by Subsection (a) that elects all or
25	25	part of the municipality's governing body from election districts
26	26	[with a population of more than one million], the designated
27	27	geographic area consists of each of the election districts of the
28	28	municipality's governing body that contains any part of the campus
29	29	of the institution and each of the election districts of the
30	30	governing body that is contiguous to another municipality that
31	31	contains any part of the campus of the institution.
32	32	SECTION 2. Subsections (a), (c), (d), (f), and (g), Section
33	33	51.214, Education Code, are amended to read as follows:
34	34	(a) In any municipality with a population of 1.18 million or
35	35	more, the governing board of a private, nonprofit medical
36	36	corporation, or of the parent corporation of such medical
37	37	corporation, that provides police or security services for an
38	38	institution of higher education or a private postsecondary
39	39	educational institution [and other entities] located within one of
40	40	the medical corporation's or parent corporation's [the same]
41	41	medical complexes [complex], or that provides police or security
42	42	services for another medical complex legally affiliated with or
43	43	owned, leased, managed, or controlled by the [a branch of that]
44	44	medical corporation or parent corporation, may employ and
45	45	commission police or security personnel to enforce the law of this
46	46	state within the jurisdiction designated by Subsection (c).
47	47	(c) The jurisdiction of an officer commissioned under this
48	48	section is limited to:
49	49	(1) property under the control and jurisdiction of the
50	50	private, nonprofit medical corporation or its parent corporation or
51	51	any entity legally affiliated with or owned, leased, managed, or
52	52	controlled by the medical corporation or its parent corporation;
53	53	[and]
54	54	(2) a street or alley that abuts the property or an
55	55	easement in or a right-of-way over or through the property
56	56	described by Subdivision (1); and
57	57	(3) any other location in which the officer is
58	58	performing duties assigned to the officer by the private, nonprofit
59	59	medical corporation or its parent corporation, regardless of
60	60	whether the officer is on property under the control and
61	61	jurisdiction of the medical corporation or its parent corporation,
62	62	provided that the assigned duties are consistent with the mission
63	63	of the medical corporation or its parent corporation and are being
64	64	performed within a county in which the medical corporation or its
65	65	parent corporation owns real property.
66	66	(d) An officer commissioned [by a medical corporation]
67	67	under this section is not entitled to compensation or benefits
68	68	provided by this state or a political subdivision of this state.
69	69	(f) A [medical corporation may not commission a] person may
70	70	not be commissioned under this section unless the person obtains a
71	71	peace officer license issued by the Commission on Law Enforcement
72	72	Officer Standards and Education. The employing medical corporation
73	73	or parent corporation shall pay to the Commission on Law
74	74	Enforcement Officer Standards and Education on behalf of an
75	75	employee any fees that are necessary to obtain a required license.
76	76	(g) A person's commission and any authority to act as an
77	77	officer under this section are automatically revoked if the
78	78	person's employment [with a medical corporation] is terminated for
79	79	any reason.
80	80	SECTION 3. This Act takes effect immediately if it receives
81	81	a vote of two-thirds of all the members elected to each house, as
82	82	provided by Section 39, Article III, Texas Constitution. If this
83	83	Act does not receive the vote necessary for immediate effect, this
84	84	Act takes effect September 1, 2009.
85	85	______________________________ ______________________________
86	86	President of the Senate Speaker of the House
87	87	I hereby certify that S.B. No. 1735 passed the Senate on
88	88	April 30, 2009, by the following vote: Yeas 31, Nays 0; and that
89	89	the Senate concurred in House amendment on May 30, 2009, by the
90	90	following vote: Yeas 31, Nays 0.
91	91	______________________________
92	92	Secretary of the Senate
93	93	I hereby certify that S.B. No. 1735 passed the House, with
94	94	amendment, on May 27, 2009, by the following vote: Yeas 145,
95	95	Nays 3, one present not voting.
96	96	______________________________
97	97	Chief Clerk of the House
98	98	Approved:
99	99	______________________________
100	100	Date
101	101	______________________________
102	102	Governor