BILL ANALYSIS



C.S.H.B. 2226
By: Bailey
04-20-95
Committee Report (Substituted)


BACKGROUND

Currently, municipal and county commissioned peace officers may
wear their issued uniforms while providing private security during
off-duty hours.

Chapter 7, Section 36.03 (e), Department of Public Safety General
Manual, prohibits department commissioned officers from wearing
their state-issued uniforms while providing private security.

In many situations, a private entity will pay a higher scale for a
commissioned peace officer in uniform. The inability of Department
of Public Safety commissioned officers to wear their uniforms
places them at a disadvantage with their municipal and county
counterparts when applying for the better paying part-time security
positions.

PURPOSE

House Bill 2226 would allow Department of Public Safety
commissioned officers to wear their state-issued uniforms while
providing law enforcement services for compensation for entities
other than the department, such as private security companies.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants
rulemaking authority to the Department of Public Safety in section
1, subsection (c) (Subchapter A, Chapter 411, Government Code).

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 411, Government Code, by
adding Section 411.0078.  (a) Allows a DPS officer to purchase a
uniform from the department for use outside of department service. 
Provides that the officer return the uniform if he/she leaves the
service of the department and that the officer be reimbursed.
(b) States that the officer wearing a uniform may not act in a way
as to adversely affect the department.
(c) Allows the department to set rules regarding how and where the
uniform may be used, and the standard of behavior an officer must
comply with while wearing a uniform off-duty.

SECTION 2.  Amends Subchapter C, Chapter 101, Civil Practice and
Remedies Code, by adding Section 101.058.  States that this chapter
only applies to negligence of an officer who is performing off-duty
while wearing a uniform purchased under Section 411.0078,
Government Code.

SECTION 3.  Section 101.058 of the Civil Practices and Remedies
Code applies only to actions occurring before the effective date of
this Act.  Actions occurring before the effective date are governed
by current law.

SECTION 4.  Effective Date: September 1, 1995.

SECTION 5.  Emergency Clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

In the substitute, Section 411.0078, Government Code, Subsection
(a), an officer may still wear a uniform, but must buy it from the
department.  

Subsection (b) of Section 411.0078, Government Code, is added to
the substitute.  It says that an officer may not act as to
adversely affect the department while in a uniform provided for by
Subsection (a).

Subsection (c) of Section 411.0078, Government Code was Subsection
(b) in the original.  Language has been added in this Subsection
that allows the department discretion in determining the types of
services an officer may buy and wear a uniform for.

Section 101.058 is added to the substitute.  It designates to what
chapter the previous sections apply.

SUMMARY OF COMMITTEE ACTION

H.B. 2226 was considered by the committee in a public hearing on
March 28, 1995.  The committee considered a complete substitute for
the bill.  The substitute was adopted without objection.  

The following person testified for the bill:
     Mario Martinez, representing The Texas State Troopers
Association.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
8 ayes, 0 nays, 0 pnv, 1 absent.

On March 28, 1995 the vote by which C.S.H.B. 2226 was reported
favorably as substituted, with the recommendation that it do pass
and be printed was reconsidered by a record vote of 7 ayes, 0 nays,
0 pnv, 2 absent.  

The motion to report the bill as substituted failed by a vote of:
0 ayes, 7 nays, 0 pnv, 2 absent.

Two amendments were offered to the substitute.  Both amendments
were adopted without objection. The Chairman directed the staff to
incorporate the amendments into the substitute.

The bill was reported favorably as substituted, with the
recommendation that it do pass and printed, by a record vote of 6
ayes, 0 nays, 0 pnv, 3 absent.