Texas Senate Bill SB892

Texas 2023 - 88th Regular

• Filed: 2/13/23

Caption

Relating to the employment of certain peace officers as private security officers.

Impact

The implications of SB892 extend into various sectors, particularly in how private institutions manage campus security. By allowing these institutions to employ peace officers regularly as security personnel, the bill creates a framework that facilitates a more significant presence of law enforcement on college campuses. This approach aims to enhance safety and security measures, although it also raises questions about the balance between security and individual rights on campus. Furthermore, the bill clarifies the exemptions applicable to these officers under certain chapters of the Occupations Code, effectively streamlining their roles and responsibilities in a private institution context.

Summary

SB892 aims to modify the existing regulations regarding the employment of peace officers in Texas by allowing them to serve as private security officers for private institutions of higher education. The bill amends several sections of the Education Code and the Local Government Code to clarify the terms under which these peace officers can be hired. Specifically, it provides that commissioned peace officers can be employed by private institutions while still under the supervision of their respective municipalities or counties, ensuring that local law enforcement retains disciplinary authority over these officers.

Sentiment

The sentiment surrounding SB892 appears mixed among legislators and the community. Supporters of the bill argue that it provides necessary enhancements to campus security, particularly in the wake of rising safety concerns in educational environments. They believe that having peace officers on staff at educational institutions will foster a safer learning atmosphere. Conversely, opponents caution that this move could lead to an increase in policing on campuses, which might not address the root causes of safety concerns and could disproportionately impact students of color or those in vulnerable positions.

Contention

Notable points of contention include the potential consequences for students and the wider community stemming from the increased presence of law enforcement on college campuses. Critics express concern that while the bill may aim to improve safety, it risks instilling a sense of fear and over-policing among students. Discussions around the adequacy of training for peace officers employed in these capacities and the implications of dual supervision (by both the institution and local law enforcement) have also been a focus of debate. Whether the changes proposed will achieve a balance between security and community trust remains to be seen.

Texas Constitutional Statutes Affected

Education Code

• Chapter 51. Provisions Generally Applicable To Higher Education
  • Section: 212

Local Government Code

• Chapter 85. Sheriff
  • Section: 004

• Chapter 86. Constable
  • Section: New Section

• Chapter 341. Municipal Law Enforcement
  • Section: 012

Occupations Code

• Chapter 1702. Private Security
  • Section: 322
  • Section: 330