Relating to the authority of a defense base development authority to employ and commission peace officers.
LowStandard timeline
Low Cost
Effective:2025-05-24
Enforcing Agencies
Defense Base Development Authority Board of Directors (specifically Port San Antonio) • Texas Commission on Law Enforcement (TCOLE) (regarding licensure of commissioned officers)
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Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date:May 24, 2025 (The bill received the required two-thirds vote for immediate effect, superseding the standard September 1 date).
Compliance Deadline:Immediate. While the Authority will take time to stand up a department, the legal authority is active. You must update internal security protocols immediately.
Agency Rulemaking: The Texas Commission on Law Enforcement (TCOLE) regulates the licensure of these officers. However, the critical "rulemaking" to watch is the Interlocal Agreement (ILA) or Memorandum of Understanding (MOU) between the Authority and the local municipality (e.g., San Antonio Police Department), which will define jurisdictional boundaries.
Immediate Action Plan
1.Audit Leases: Determine if your landlord (the Authority) can pass through the costs of a new police department under your current lease terms.
2.Notify Insurance: Inform your General Liability carrier that the premises are now patrolled by a specialized law enforcement agency; this is a material change in risk profile.
3.Request the MOU: Contact the Authority’s Board of Directors to request a copy of the jurisdictional agreement with the local municipal police department as soon as it is drafted.
4.Update Security Protocols: Instruct private security vendors that they are now secondary to Authority police for criminal matters.
Operational Changes Required
Contracts
Lease Agreements: Review "Operating Expense" and "CAM" provisions immediately. The Authority now has the statutory right to employ police. If your lease allows the pass-through of "security costs" or "statutory compliance costs," anticipate a potential increase to fund salaries, vehicles, and liability insurance.
Private Security Vendors: If you contract private security, amend their Post Orders. They must understand the protocol for handing over criminal detainees to Authority Police rather than municipal police.
Hiring/Training
Facility Management Training: Train facility managers and HR staff that Authority officers are not private security guards; they are state peace officers. They have qualified immunity and the power to arrest.
Emergency Response: Update Emergency Action Plans (EAPs). Clarify whether 911 calls are routed to the municipal dispatch or the Authority’s dispatch center once established.
Reporting & Record-Keeping
Incident Logs: Update internal incident reporting forms to distinguish between "Private Security Interventions" and "Law Enforcement Actions." This distinction is vital for insurance claims and litigation.
Trespass Warnings: Retain copies of all Criminal Trespass warnings issued by Authority police. These are now enforceable under the Texas Penal Code with immediate arrest authority for violations.
Fees & Costs
CAM Increases: There are no direct state fees. The cost impact is strictly largely through potential lease pass-throughs. A dedicated police department is significantly more expensive than contract security; verify if your lease caps these controllable operating expenses.
Strategic Ambiguities & Considerations
"Port Functions" Scope: The statute authorizes officers to prevent offenses relating to "port functions." For inland ports, this definition is legally elastic. If an officer makes an arrest for an issue unrelated to port operations (e.g., a domestic dispute in a common area), the defense may challenge the officer's authority.
Jurisdictional Overlap: The law does not explicitly remove municipal police jurisdiction. Until an MOU is signed, there is a risk of confusion regarding who handles major felonies (homicides/sexual assaults) versus routine patrols.
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Homeland Security, Public Safety & Veterans' Affairs
Committee Report (Unamended)
BACKGROUND AND PURPOSE
The bill author has informed the committee that Port San Antonio, a defense base development authority located on the former Kelly Air Force Base, has evolved into a major hub for aerospace, cybersecurity, and high-tech commercial innovation. However, under current state law, a defense base development authority's board of directors lacks the explicit authority to employ and commission peace officers, which can create security gaps and put added pressure on local law enforcement officers, who are sometimes already stretched across large urban areas. The bill author has also informed the committee that local leaders and Port San Antonio stakeholders have expressed the desire for a dedicated law enforcement presence on the site of Port San Antonio because of mission-critical operations, sensitive U.S. Department of Defense projects, and the constant movement of defense and commercial personnel on the propertyconditions that underscore the importance of a specialized police force to ensure swift and tailored responses to safety or security concerns. H.B. 3248 seeks to allow defense base development authorities to respond rapidly to emergent threats, maintain a secure environment for high-level defense and commercial operations, and reduce the burden on municipal and county law enforcement by authorizing the board of directors of a defense base development authority to employ and commission peace officers.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 3248 amends the Local Government Code to authorize the board of directors of a defense base development authority to employ and commission peace officers for the authority to prevent or abate the commission of offenses relating to port functions, facilities, and operations under state or local law. The bill establishes that the jurisdiction of such a peace officer includes the property owned or controlled by the authority and grants such a peace officer, in their jurisdiction, the authority granted by Code of Criminal Procedure provisions relating to arrests without a warrant.
H.B. 3248 amends the Code of Criminal Procedure to include an officer commissioned by a defense base development authority's board of directors among the individuals classified as peace officers.
H.B. 3248 establishes that, to the extent of any conflict, the bill prevails over another act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.
Honorable Cole Hefner, Chair, House Committee on Homeland Security, Public Safety & Veterans' Affairs
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB3248 by Cortez (Relating to the authority of a defense base development authority to employ and commission peace officers.), As Introduced
No fiscal implication to the State is anticipated.
Local Government Impact
There could be an impact to a defense base development authority if it chooses to employ and commission peace officers to prevent or abate offenses relating to port functions.
Source Agencies:
LBB Staff:
JMc, MGol, BC, CWi
Related Legislation
Explore more bills from this author and on related topics
Effective May 24, 2025, HB3248 authorizes Defense Base Development Authorities (specifically entities like Port San Antonio operating under Chapter 379B) to commission their own peace officers with full state arrest and search powers. Commercial tenants and vendors operating within these zones face an immediate shift in jurisdictional authority, potential increases in Common Area Maintenance (CAM) charges to fund these departments, and a change in liability exposure regarding on-site security incidents. Implementation Timeline Effective Date: May 24, 2025 (The bill received the required two-thirds vote for immediate effect, superseding the standard September 1 date).
Q
Who authored HB3248?
HB3248 was authored by Texas Representative Philip Cortez during the Regular Session.
Q
When was HB3248 signed into law?
HB3248 was signed into law by Governor Greg Abbott on May 24, 2025.
Q
Which agencies enforce HB3248?
HB3248 is enforced by Defense Base Development Authority Board of Directors (specifically Port San Antonio) and Texas Commission on Law Enforcement (TCOLE) (regarding licensure of commissioned officers).
Q
How urgent is compliance with HB3248?
The compliance urgency for HB3248 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB3248?
The cost impact of HB3248 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB3248 address?
HB3248 addresses topics including law enforcement, special districts & authorities, special districts & authorities--miscellaneous, peace officers and military & veterans.
Legislative data provided by LegiScanLast updated: November 25, 2025
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