BILL ANALYSIS


                                                        H.B. 2226
                                            By: Bailey (Gallegos)
                                                 Criminal Justice
                                                         05-22-95
                              Senate Committee Report (Unamended)
BACKGROUND

Currently, municipal and county commissioned peace officers may
wear their issued uniforms while providing private security during
off-duty hours.  The Department of Public Safety prohibits their
officers from wearing their state-issued uniforms while providing
security services.

PURPOSE

As proposed, H.B. 2226 authorizes Department of Public Safety
troopers to wear their state-issued uniforms while providing law
enforcement services for compensation for entities other than DPS.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 411, Government Code, by adding Section
411.0078, as follows:

     Sec. 411.0078.  USE OF UNIFORM WHILE PERFORMING CERTAIN OFF-DUTY ACTIVITIES.  (a)  Authorizes an officer commissioned by
     the Department of Public Safety (DPS) to purchase from DPS at
     fair market value a uniform to be used by the officer while
     providing law enforcement services for a person or entity
     other than DPS.  Requires the officer to return the uniform if
     the officer leaves the service of DPS.  Requires DPS to pay
     the officer the fair market value of the uniform at the time
     it is returned.  Sets forth the provisions of a uniform for
     the purposes of this section.
     
     (b)  Prohibits an officer wearing a uniform purchased under
       Subsection (a) from acting in a manner that adversely
       affects the operations or reputation of DPS.
       
       (c)  Sets forth the services and standards for which DPS is
       required to adopt reasonable guidelines.
       
       SECTION 2.   Amends Chapter 101C, Civil Practice and Remedies Code,
by adding Section 101.058, as follows:

     Sec. 101.058.  NEGLIGENCE OF OFF-DUTY LAW ENFORCEMENT
     OFFICERS.  Provides that this chapter does not apply to the
     wrongful act or omission or the negligence of an officer
     commissioned by DPS if the officer was not on active duty at
     the time the act, omission, or negligence occurred.  Provides
     that this section applies without regard to whether the
     officer was wearing a uniform purchased under Section
     411.0078, Government Code, at the time the act, omission, or
     negligence occurred.
     
SECTION 3. Makes application of Section 101.058, Civil Practice and
Remedies Code, as added by this Act, prospective.

SECTION 4. Effective date: September 1, 1995.

SECTION 5. Emergency clause.