By: Gallegos, Mario H.B. No. 2491
73R6520 MLR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the off-duty security employment of reserve law
1-3 enforcement officers of certain counties and municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle C, Title 5, Local Government Code, is
1-6 amended by adding Chapter 174 to read as follows:
1-7 CHAPTER 174. OFF-DUTY SECURITY EMPLOYMENT OF CERTAIN
1-8 RESERVE LAW ENFORCEMENT OFFICERS
1-9 Sec. 174.001. APPLICABILITY OF CHAPTER. This chapter
1-10 applies only to a county with a population of 1.8 million or more,
1-11 to a municipality that is located in a county with a population of
1-12 1.8 million or more, and to reserve law enforcement officers
1-13 appointed by the appropriate appointing authority of the described
1-14 county or municipality.
1-15 Sec. 174.002. DEFINITIONS. In this chapter:
1-16 (1) "Off-duty security employment" means employment as
1-17 a patrolman, guard, or watchman during an officer's off-duty hours
1-18 that is in addition to the officer's duties as an officer.
1-19 (2) "Officer" or "reserve law enforcement officer"
1-20 means a person appointed as a reserve deputy sheriff, reserve
1-21 deputy constable, or reserve police officer under Section 85.004,
1-22 86.012, or 341.012 and licensed by the Commission on Law
1-23 Enforcement Officer Standards and Education under Chapter 415,
1-24 Government Code.
2-1 Sec. 174.003. OFF-DUTY SECURITY EMPLOYMENT. (a) Subject to
2-2 the limitations imposed by this chapter, an officer may accept
2-3 off-duty security employment.
2-4 (b) An officer may accept and perform off-duty security
2-5 employment only with the approval of the political subdivision in
2-6 which the officer is appointed.
2-7 Sec. 174.004. MAXIMUM HOURS FOR OFF-DUTY EMPLOYMENT.
2-8 (a) An officer may not work more than 20 hours per week in
2-9 off-duty security employment or more hours per week in off-duty
2-10 security employment than the average number of hours the officer
2-11 worked per week in the preceding quarter of the fiscal year in the
2-12 discharge of the officer's duties as an officer.
2-13 (b) If an officer works more hours in off-duty security
2-14 employment than permitted by this section or by the political
2-15 subdivision in which the officer is appointed, the appointing
2-16 authority shall suspend the officer for a minimum of 30 days and
2-17 may take other appropriate disciplinary action.
2-18 Sec. 174.005. REPORTS. An Officer who accepts off-duty
2-19 security employment shall submit a written report before the fifth
2-20 day of each month to the political subdivision in which the officer
2-21 is appointed. The political subdivision shall retain the report
2-22 for five years. The report shall include:
2-23 (1) the name of each employer of the officer for
2-24 off-duty security employment;
2-25 (2) the type of off-duty security service the officer
2-26 performed during the previous month; and
2-27 (3) the number of off-duty security employment hours
3-1 the officer worked during the previous month.
3-2 Sec. 174.006. TRAFFIC REGULATION. An officer whose off-duty
3-3 security employment includes regulating traffic flow on a public
3-4 street:
3-5 (1) must cause as little interference in the traffic
3-6 flow as possible; and
3-7 (2) may not issue a traffic citation during the
3-8 off-duty security employment.
3-9 Sec. 174.007. FURTHER RESTRICTIONS. A political subdivision
3-10 in which an officer is appointed may by rule prohibit or further
3-11 restrict an officer's off-duty security employment.
3-12 Sec. 174.008. LIABILITY. (a) A political subdivision is
3-13 not liable for damages resulting from an act or omission committed
3-14 by an officer while not performing the officer's duties as an
3-15 officer for the political subdivision.
3-16 (b) This section does not waive, repeal, modify, or
3-17 otherwise affect any other defense, immunity, or jurisdictional bar
3-18 available to the political subdivision in which the officer is
3-19 appointed.
3-20 SECTION 2. Section 415.060(b), Government Code, is amended
3-21 to read as follows:
3-22 (b) The commission shall revoke or suspend a license, place
3-23 on probation a person whose license has been suspended, or
3-24 reprimand a licensee for a violation of this chapter, <or> a rule
3-25 of the commission, or a law or rule governing a licensee's off-duty
3-26 employment. A person whose license the commission proposes to
3-27 suspend or revoke is entitled to a hearing before the commission.
4-1 SECTION 3. Section 3(a), Private Investigators and Private
4-2 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
4-3 Statutes), is amended to read as follows:
4-4 (a) This Act does not apply to:
4-5 (1) a person employed exclusively and regularly by one
4-6 employer in connection with the affairs of an employer only and
4-7 where there exists an employer-employee relationship; provided,
4-8 however, any person who shall carry a firearm in the course of his
4-9 employment shall be required to obtain a private security officer
4-10 commission under the provisions of this Act;
4-11 (2) except as provided by Subsection (d) of this
4-12 Section, an officer or employee of the United States of America, or
4-13 of this State or a political subdivision of either, while the
4-14 employee or officer is engaged in the performance of official
4-15 duties;
4-16 (3) a person:
4-17 (A) who is:
4-18 (i) <has full-time employment as> a peace
4-19 officer as defined by Article 2.12, Code of Criminal Procedure; or
4-20 (ii) a reserve law enforcement officer, as
4-21 defined by Section 174.002, Local Government Code, appointed by an
4-22 appropriate appointing authority in a county with a population of
4-23 1.8 million or more or a municipality located in a county with a
4-24 population of 1.8 million or more; and<,>
4-25 (B) who receives compensation for private
4-26 employment on an individual or an independent contractor basis as a
4-27 patrolman, guard, or watchman if such person is not employed by
5-1 another peace officer and is:
5-2 (i) <(A)> employed in an employee-employer
5-3 relationship<;> or
5-4 <(B)> employed on an individual contractual
5-5 basis;
5-6 <(C) not in the employ of another peace
5-7 officer;> and
5-8 (ii) <(D)> not a reserve law enforcement
5-9 <peace> officer, as defined by Section 174.002, Local Government
5-10 Code, appointed by an appropriate appointing authority in a county
5-11 with a population of less than 1.8 million or a municipality
5-12 located wholly outside a county with a population of 1.8 million or
5-13 more;
5-14 (4) a person engaged exclusively in the business of
5-15 obtaining and furnishing information for purposes of credit
5-16 worthiness or collecting debts or ascertaining the financial
5-17 responsibility of applicants for property insurance and for
5-18 indemnity or surety bonds, with respect to persons, firms, and
5-19 corporations;
5-20 (5) an attorney-at-law in performing his duties;
5-21 (6) admitted insurers, insurance adjusters, agents,
5-22 and insurance brokers licensed by the State, performing duties in
5-23 connection with insurance transacted by them;
5-24 (7) a person who engages exclusively in the business
5-25 of repossessing property that is secured by a mortgage or other
5-26 security interest;
5-27 (8) a locksmith who does not install or service
6-1 detection devices, does not conduct investigations, and is not a
6-2 security service contractor;
6-3 (9) a person who owns and installs burglar detection
6-4 or alarm devices on his own property or, if he does not charge for
6-5 the device or its installation, installs it for the protection of
6-6 his personal property located on another's property, and does not
6-7 install the devices as a normal business practice on the property
6-8 of another;
6-9 (10) an employee of a cattle association who is
6-10 engaged in inspection of brands of livestock under the authority
6-11 granted to that cattle association by the Packers and Stockyards
6-12 Division of the United States Department of Agriculture;
6-13 (11) the provisions of this Act shall not apply to
6-14 common carriers by rail engaged in interstate commerce and
6-15 regulated by state and federal authorities and transporting
6-16 commodities essential to the national defense and to the general
6-17 welfare and safety of the community;
6-18 (12) registered professional engineers practicing in
6-19 accordance with the provisions of the Texas Engineering Practice
6-20 Act;
6-21 (13) a person whose sale of burglar alarm signal
6-22 devices, burglary alarms, television cameras, still cameras, or
6-23 other electrical, mechanical, or electronic devices used for
6-24 preventing or detecting burglary, theft, shoplifting, pilferage, or
6-25 other losses is exclusively over-the-counter or by mail order;
6-26 (14) a person who holds a license or other form of
6-27 permission issued by an incorporated city or town to practice as an
7-1 electrician and who installs fire or smoke detectors in no building
7-2 other than a single family or multifamily residence;
7-3 (15) a person or organization in the business of
7-4 building construction that installs electrical wiring and devices
7-5 that may include in part the installation of a burglar alarm or
7-6 detection device if:
7-7 (A) the person or organization is a party to a
7-8 contract that provides that the installation will be performed
7-9 under the direct supervision of and inspected and certified by a
7-10 person or organization licensed to install and certify such an
7-11 alarm or detection device and that the licensee assumes full
7-12 responsibility for the installation of the alarm or detection
7-13 device; and
7-14 (B) the person or organization does not service
7-15 or maintain burglar alarms or detection devices;
7-16 (16) a reserve peace officer while the reserve officer
7-17 is performing guard, patrolman, or watchman duties for a county and
7-18 is being compensated solely by that county;
7-19 (17) response to a burglar alarm or detection device
7-20 by a law enforcement agency or by a law enforcement officer acting
7-21 in an official capacity;
7-22 (18) a person who, by education, experience, or
7-23 background has specialized expertise or knowledge such as that
7-24 which would qualify or tend to qualify such person as an expert
7-25 witness, authorized to render opinions in proceedings conducted in
7-26 a court, administrative agency, or governing body of this state or
7-27 of the United States, in accordance with applicable rules and
8-1 regulations and who does not perform any other service for which a
8-2 license is required by provisions of this Act;
8-3 (19) an officer, employee, or agent of a common
8-4 carrier, as defined by Section 153(h), Communications Act of 1934
8-5 (47 U.S.C.A. Sec. 151 et seq.), while protecting the carrier or a
8-6 user of the carrier's long-distance services from a fraudulent,
8-7 unlawful, or abusive use of those long-distance services;
8-8 (20) a person who sells or installs automobile burglar
8-9 alarm devices;
8-10 (21) a manufacturer, or a manufacturer's authorized
8-11 distributor, who sells to the holder of a license under this Act
8-12 equipment used in the operations for which the holder is required
8-13 to be licensed;
8-14 (22) a person employed as a noncommissioned security
8-15 officer by a political subdivision of this state;
8-16 (23) a person whose activities are regulated under
8-17 Article 5.43-2, Insurance Code, except to the extent that those
8-18 activities are specifically regulated under this Act;
8-19 (24) a landman performing activities in the course and
8-20 scope of the landman's business;
8-21 (25) a hospital or a wholly owned subsidiary or
8-22 affiliate of a hospital that provides medical alert services for
8-23 persons who are sick or disabled, if the hospital, subsidiary, or
8-24 affiliate is licensed under Chapter 241, Health and Safety Code,
8-25 and the hospital does not perform any other service that requires a
8-26 license under this Act;
8-27 (26) a charitable, nonprofit organization that
9-1 provides medical alert services for persons who are sick or
9-2 disabled, if the organization:
9-3 (A) is exempt from taxation under Section
9-4 501(c)(3), Internal Revenue Code of 1986;
9-5 (B) has its monitoring services provided by a
9-6 licensed person or hospital or a wholly owned subsidiary or
9-7 affiliate of a hospital licensed under Chapter 241, Health and
9-8 Safety Code; and
9-9 (C) does not perform any other service that
9-10 requires a license under this Act; or
9-11 (27) a person engaged in the business of electronic
9-12 monitoring of a person as a condition of that person's probation,
9-13 parole, mandatory supervision, or release on bail, if the person
9-14 does not perform any other service that requires a license under
9-15 this Act.
9-16 SECTION 4. This Act takes effect September 1, 1993.
9-17 SECTION 5. The importance of this legislation and the
9-18 crowded condition of the calendars in both houses create an
9-19 emergency and an imperative public necessity that the
9-20 constitutional rule requiring bills to be read on three several
9-21 days in each house be suspended, and this rule is hereby suspended.