S.B. No. 1735
AN ACT
relating to providing police and security services for certain
post-secondary educational institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a) and (c), Section 51.2125,
Education Code, are amended to read as follows:
(a) This section applies only to a private institution of
higher education that [has a fall head count enrollment of more than
10,000 students and that] has under its control and jurisdiction
property that is contiguous to, or located in any part within the
boundaries of, a home-rule municipality that has [with] a
population of 1.18 million or more and is located predominantly in a
county that has a total area of less than 1,000 square miles [than
one million]. For purposes of this section, a private institution
of higher education is a private or independent institution of
higher education as defined by Section 61.003.
(c) A mutual assistance agreement authorized by this
section may designate the geographic area in which the campus peace
officers are authorized to provide assistance to the peace officers
of the municipality, except that if the agreement is entered into
with a municipality described by Subsection (a) that elects all or
part of the municipality's governing body from election districts
[with a population of more than one million], the designated
geographic area consists of each of the election districts of the
municipality's governing body that contains any part of the campus
of the institution and each of the election districts of the
governing body that is contiguous to another municipality that
contains any part of the campus of the institution.
SECTION 2. Subsections (a), (c), (d), (f), and (g), Section
51.214, Education Code, are amended to read as follows:
(a) In any municipality with a population of 1.18 million or
more, the governing board of a private, nonprofit medical
corporation, or of the parent corporation of such medical
corporation, that provides police or security services for an
institution of higher education or a private postsecondary
educational institution [and other entities] located within one of
the medical corporation's or parent corporation's [the same]
medical complexes [complex], or that provides police or security
services for another medical complex legally affiliated with or
owned, leased, managed, or controlled by the [a branch of that]
medical corporation or parent corporation, may employ and
commission police or security personnel to enforce the law of this
state within the jurisdiction designated by Subsection (c).
(c) The jurisdiction of an officer commissioned under this
section is limited to:
(1) property under the control and jurisdiction of the
private, nonprofit medical corporation or its parent corporation or
any entity legally affiliated with or owned, leased, managed, or
controlled by the medical corporation or its parent corporation;
[and]
(2) a street or alley that abuts the property or an
easement in or a right-of-way over or through the property
described by Subdivision (1); and
(3) any other location in which the officer is
performing duties assigned to the officer by the private, nonprofit
medical corporation or its parent corporation, regardless of
whether the officer is on property under the control and
jurisdiction of the medical corporation or its parent corporation,
provided that the assigned duties are consistent with the mission
of the medical corporation or its parent corporation and are being
performed within a county in which the medical corporation or its
parent corporation owns real property.
(d) An officer commissioned [by a medical corporation]
under this section is not entitled to compensation or benefits
provided by this state or a political subdivision of this state.
(f) A [medical corporation may not commission a] person may
not be commissioned under this section unless the person obtains a
peace officer license issued by the Commission on Law Enforcement
Officer Standards and Education. The employing medical corporation
or parent corporation shall pay to the Commission on Law
Enforcement Officer Standards and Education on behalf of an
employee any fees that are necessary to obtain a required license.
(g) A person's commission and any authority to act as an
officer under this section are automatically revoked if the
person's employment [with a medical corporation] is terminated for
any reason.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1735 passed the Senate on
April 30, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 30, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1735 passed the House, with
amendment, on May 27, 2009, by the following vote: Yeas 145,
Nays 3, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor