H.B. No. 2226
1-1 AN ACT
1-2 relating to the authority of a law enforcement officer commissioned
1-3 by the Department of Public Safety to wear a uniform purchased
1-4 from the state while providing law enforcement services for
1-5 entities other than the department.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subchapter A, Chapter 411, Government Code, is
1-8 amended by adding Section 411.0078 to read as follows:
1-9 Sec. 411.0078. USE OF UNIFORM WHILE PERFORMING CERTAIN
1-10 OFF-DUTY ACTIVITIES. (a) An officer commissioned by the
1-11 department may purchase from the department at fair market value a
1-12 uniform to be used by the officer while providing law enforcement
1-13 services for a person or entity other than the department. If an
1-14 officer who purchased a uniform under this subsection leaves the
1-15 service of the department for any reason, the officer shall return
1-16 the uniform to the department. The department shall pay the
1-17 officer the fair market value of the uniform at the time it is
1-18 returned. For purposes of this subsection:
1-19 (1) a uniform does not include a handgun or other
1-20 weapon; and
1-21 (2) the fair market value of a uniform is determined
1-22 by the department.
1-23 (b) An officer wearing a uniform purchased under Subsection
1-24 (a) may not act in a manner that adversely affects the operations
2-1 or reputation of the department.
2-2 (c) The department shall adopt reasonable guidelines
2-3 regarding:
2-4 (1) the types of law enforcement services for which an
2-5 officer may purchase and wear a uniform under Subsection (a) and
2-6 the circumstances under which the officer may perform those
2-7 services; and
2-8 (2) the standards of behavior to be maintained by an
2-9 officer who wears a uniform purchased under Subsection (a).
2-10 SECTION 2. Subchapter C, Chapter 101, Civil Practice and
2-11 Remedies Code, is amended by adding Section 101.058 to read as
2-12 follows:
2-13 Sec. 101.058. NEGLIGENCE OF OFF-DUTY LAW ENFORCEMENT
2-14 OFFICERS. This chapter does not apply to the wrongful act or
2-15 omission or the negligence of an officer commissioned by the
2-16 Department of Public Safety if the officer was not on active duty
2-17 at the time the act, omission, or negligence occurred. This
2-18 section applies without regard to whether the officer was wearing a
2-19 uniform purchased under Section 411.0078, Government Code, at the
2-20 time the act, omission, or negligence occurred.
2-21 SECTION 3. Section 101.058, Civil Practice and Remedies
2-22 Code, as added by this Act, applies only to a cause of action that
2-23 accrues on or after the effective date of this Act. An action that
2-24 accrued before the effective date of this Act is governed by the
2-25 law as it existed immediately before the effective date of this
2-26 Act, and that law is continued in effect for that purpose.
2-27 SECTION 4. This Act takes effect September 1, 1995.
3-1 SECTION 5. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.