By:  Whitmire                                         S.B. No. 1148
       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.