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A BILL TO BE ENTITLED
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AN ACT
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relating to airport police forces, including the authority to |
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commission peace officers and the rights, privileges, and duties of |
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those officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.12, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace |
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officers: |
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(1) sheriffs, their deputies, and those reserve |
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deputies who hold a permanent peace officer license issued under |
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Chapter 1701, Occupations Code; |
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(2) constables, deputy constables, and those reserve |
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deputy constables who hold a permanent peace officer license issued |
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under Chapter 1701, Occupations Code; |
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(3) marshals or police officers of an incorporated |
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city, town, or village, and those reserve municipal police officers |
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who hold a permanent peace officer license issued under Chapter |
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1701, Occupations Code; |
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(4) rangers, officers, and members of the reserve |
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officer corps commissioned by the Public Safety Commission and the |
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Director of the Department of Public Safety; |
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(5) investigators of the district attorneys', criminal |
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district attorneys', and county attorneys' offices; |
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(6) law enforcement agents of the Texas Alcoholic |
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Beverage Commission; |
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(7) each member of an arson investigating unit |
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commissioned by a city, a county, or the state; |
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(8) officers commissioned under Section 37.081, |
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Education Code, or Subchapter E, Chapter 51, Education Code; |
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(9) officers commissioned by the General Services |
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Commission; |
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(10) law enforcement officers commissioned by the |
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Parks and Wildlife Commission; |
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(11) [airport police] officers commissioned under |
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Chapter 23, Transportation Code [by a city with a population of more |
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than 1.18 million located primarily in a county with a population of |
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2 million or more that operates an airport that serves commercial |
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air carriers]; |
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(12) [airport security personnel commissioned as |
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peace officers by the governing body of any political subdivision |
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of this state, other than a city described by Subdivision (11), that |
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operates an airport that serves commercial air carriers; |
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[(13)] municipal park and recreational patrolmen and |
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security officers; |
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(13) [(14)] security officers and investigators |
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commissioned as peace officers by the comptroller; |
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(14) [(15)] officers commissioned by a water control |
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and improvement district under Section 49.216, Water Code; |
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(15) [(16)] officers commissioned by a board of |
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trustees under Chapter 54, Transportation Code; |
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(16) [(17)] investigators commissioned by the Texas |
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Medical Board; |
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(17) [(18)] officers commissioned by: |
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(A) the board of managers of the Dallas County |
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Hospital District, the Tarrant County Hospital District, the Bexar |
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County Hospital District, or the El Paso County Hospital District |
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under Section 281.057, Health and Safety Code; |
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(B) the board of directors of the Ector County |
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Hospital District under Section 1024.117, Special District Local |
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Laws Code; |
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(C) the board of directors of the Midland County |
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Hospital District of Midland County, Texas, under Section 1061.121, |
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Special District Local Laws Code; and |
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(D) the board of hospital managers of the Lubbock |
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County Hospital District of Lubbock County, Texas, under Section |
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1053.113, Special District Local Laws Code; |
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(18) [(19)] county park rangers commissioned under |
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Subchapter E, Chapter 351, Local Government Code; |
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(19) [(20)] investigators employed by the Texas |
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Racing Commission; |
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(20) [(21)] officers commissioned under Chapter 554, |
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Occupations Code; |
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(21) [(22)] officers commissioned by the governing |
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body of a metropolitan rapid transit authority under Section |
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451.108, Transportation Code, or by a regional transportation |
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authority under Section 452.110, Transportation Code; |
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(22) [(23)] investigators commissioned by the |
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attorney general under Section 402.009, Government Code; |
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(23) [(24)] security officers and investigators |
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commissioned as peace officers under Chapter 466, Government Code; |
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(24) [(25)] officers appointed by an appellate court |
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under Subchapter F, Chapter 53, Government Code; |
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(25) [(26)] officers commissioned by the state fire |
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marshal under Chapter 417, Government Code; |
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(26) [(27)] an investigator commissioned by the |
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commissioner of insurance under Section 701.104, Insurance Code; |
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(27) [(28)] apprehension specialists and inspectors |
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general commissioned by the Texas Juvenile Justice Department as |
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officers under Sections 242.102 and 243.052, Human Resources Code; |
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(28) [(29)] officers appointed by the inspector |
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general of the Texas Department of Criminal Justice under Section |
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493.019, Government Code; |
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(29) [(30)] investigators commissioned by the Texas |
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Commission on Law Enforcement under Section 1701.160, Occupations |
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Code; |
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(30) [(31)] commission investigators commissioned by |
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the Texas Private Security Board under Section 1702.061, |
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Occupations Code; |
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(31) [(32)] the fire marshal and any officers, |
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inspectors, or investigators commissioned by an emergency services |
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district under Chapter 775, Health and Safety Code; |
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(32) [(33)] officers commissioned by the State Board |
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of Dental Examiners under Section 254.013, Occupations Code, |
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subject to the limitations imposed by that section; |
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(33) [(34)] investigators commissioned by the Texas |
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Juvenile Justice Department as officers under Section 221.011, |
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Human Resources Code; and |
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(34) [(35)] the fire marshal and any related officers, |
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inspectors, or investigators commissioned by a county under |
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Subchapter B, Chapter 352, Local Government Code. |
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SECTION 2. The heading to Chapter 23, Transportation Code, |
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is amended to read as follows: |
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CHAPTER 23. AIRPORT POLICE FORCES [SECURITY PERSONNEL] |
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SECTION 3. Section 23.001, Transportation Code, is amended |
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to read as follows: |
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Sec. 23.001. ESTABLISHMENT OF AIRPORT POLICE [SECURITY] |
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FORCE; COMMISSIONING OF PEACE OFFICERS. The governing body of a |
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joint board, as defined by Section 22.071, or the governing body of |
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a political subdivision that operates an airport served by an air |
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carrier certificated by the Federal Aviation Administration [Civil |
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Aeronautics Board] or the United States Department of |
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Transportation may: |
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(1) establish an airport police [security] force; and |
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(2) commission and employ a peace officer, subject to |
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Chapter 1701, Occupations Code, if the employee takes and files the |
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oath required of peace officers [employ airport security |
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personnel]. |
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SECTION 4. Sections 23.002 and 23.003, Transportation Code, |
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are repealed. |
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SECTION 5. This Act takes effect September 1, 2021. |