By Cuellar of Webb                                     H.B. No. 458
       74R2813 PEP-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to commissioning certain reserve deputy sheriffs as peace
    1-3  officers.
    1-5        SECTION 1.  Article 2.12, Code of Criminal Procedure, as
    1-6  amended by Chapters 339, 695, and 912, Acts of the 73rd
    1-7  Legislature, Regular Session, 1993, is amended to read as follows:
    1-8        Art. 2.12.  Who are peace officers.  The following are peace
    1-9  officers:
   1-10              (1)  sheriffs, sheriffs' <and their> deputies, and
   1-11  reserve deputies appointed by sheriffs under Section 85.004, Local
   1-12  Government Code;
   1-13              (2)  constables and deputy constables;
   1-14              (3)  marshals or police officers of an incorporated
   1-15  city, town, or village;
   1-16              (4)  rangers and officers commissioned by the Public
   1-17  Safety Commission and the Director of the Department of Public
   1-18  Safety;
   1-19              (5)  investigators of the district attorneys', criminal
   1-20  district attorneys', and county attorneys' offices;
   1-21              (6)  law enforcement agents of the Texas Alcoholic
   1-22  Beverage Commission;
   1-23              (7)  each member of an arson investigating unit
   1-24  commissioned by a city, a county, or the state;
    2-1              (8)  officers commissioned under Section 21.483,
    2-2  Education Code, or Subchapter E, Chapter 51, Education Code;
    2-3              (9)  officers commissioned by the General Services
    2-4  Commission;
    2-5              (10)  law enforcement officers commissioned by the
    2-6  Parks and Wildlife Commission;
    2-7              (11)  airport police officers commissioned by a city
    2-8  with a population of more than one million, according to the most
    2-9  recent federal census, that operates an airport that serves
   2-10  commercial air carriers;
   2-11              (12)  airport security personnel commissioned as peace
   2-12  officers by the governing body of any political subdivision of this
   2-13  state, other than a city described by Subdivision (11), that
   2-14  operates an airport that serves commercial air carriers;
   2-15              (13)  municipal park and recreational patrolmen and
   2-16  security officers;
   2-17              (14)  security officers commissioned as peace officers
   2-18  by the State Treasurer;
   2-19              (15)  officers commissioned by a water control and
   2-20  improvement district under Section 51.132, Water Code;
   2-21              (16)  officers commissioned by a board of trustees
   2-22  under Chapter 341, Acts of the 57th Legislature, Regular Session,
   2-23  1961 (Article 1187f, Vernon's Texas Civil Statutes);
   2-24              (17)  investigators commissioned by the Texas State
   2-25  Board of Medical Examiners;
   2-26              (18)  officers commissioned by the board of managers of
   2-27  the Dallas County Hospital District, the Tarrant County Hospital
    3-1  District, or the Bexar County Hospital District under Section
    3-2  281.057, Health and Safety Code;
    3-3              (19)  county park rangers commissioned under Subchapter
    3-4  E, Chapter 351, Local Government Code;
    3-5              (20)  investigators employed by the Texas Racing
    3-6  Commission;
    3-7              (21)  officers commissioned by the State Board of
    3-8  Pharmacy;
    3-9              (22)  officers commissioned by the governing body of a
   3-10  metropolitan rapid transit authority under Section 13, Chapter 141,
   3-11  Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
   3-12  Vernon's Texas Civil Statutes), or by a regional transportation
   3-13  authority under Section 10, Chapter 683, Acts of the 66th
   3-14  Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
   3-15  Civil Statutes);
   3-16              (23)  officers commissioned by the Texas High-Speed
   3-17  Rail Authority;
   3-18              (24)  investigators commissioned by the attorney
   3-19  general under Section 402.009, Government Code;
   3-20              (25)  security officers and investigators commissioned
   3-21  as peace officers under Chapter 466, Government Code; <and>
   3-22              (26)  an officer employed by the Texas Department of
   3-23  Health under Section 431.2471, Health and Safety Code;<.>
   3-24              (27) <(26)>  officers appointed by an appellate court
   3-25  under Subchapter F, Chapter 53, Government Code; and<.>
   3-26              (28) <(26)>  officers commissioned by the state fire
   3-27  marshal under Chapter 417, Government Code.
    4-1        SECTION 2.  Sections 85.004(a) and (d), Local Government
    4-2  Code, are amended to read as follows:
    4-3        (a)  The commissioners court of a county may authorize the
    4-4  sheriff to appoint reserve deputy sheriffs who may be called on by
    4-5  the sheriff to serve as peace officers <during the actual discharge
    4-6  of their official duties>.  The commissioners court may limit the
    4-7  number of reserve deputies that may be appointed.
    4-8        (d)  A reserve deputy on active duty at the call of the
    4-9  sheriff <and actively engaged in assigned duties> has the same
   4-10  rights, privileges, and duties as any other peace officer of the
   4-11  state.
   4-12        SECTION 3.  The importance of this legislation and the
   4-13  crowded condition of the calendars in both houses create an
   4-14  emergency and an imperative public necessity that the
   4-15  constitutional rule requiring bills to be read on three several
   4-16  days in each house be suspended, and this rule is hereby suspended,
   4-17  and that this Act take effect and be in force from and after its
   4-18  passage, and it is so enacted.