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.