1-1 By: Bailey (Senate Sponsor - Gallegos) H.B. No. 2226
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on Criminal
1-4 Justice; May 22, 1995, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 22, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the authority of a law enforcement officer commissioned
1-9 by the Department of Public Safety to wear a uniform purchased
1-10 from the state while providing law enforcement services for
1-11 entities other than the department.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subchapter A, Chapter 411, Government Code, is
1-14 amended by adding Section 411.0078 to read as follows:
1-15 Sec. 411.0078. USE OF UNIFORM WHILE PERFORMING CERTAIN
1-16 OFF-DUTY ACTIVITIES. (a) An officer commissioned by the
1-17 department may purchase from the department at fair market value a
1-18 uniform to be used by the officer while providing law enforcement
1-19 services for a person or entity other than the department. If an
1-20 officer who purchased a uniform under this subsection leaves the
1-21 service of the department for any reason, the officer shall return
1-22 the uniform to the department. The department shall pay the
1-23 officer the fair market value of the uniform at the time it is
1-24 returned. For purposes of this subsection:
1-25 (1) a uniform does not include a handgun or other
1-26 weapon; and
1-27 (2) the fair market value of a uniform is determined
1-28 by the department.
1-29 (b) An officer wearing a uniform purchased under Subsection
1-30 (a) may not act in a manner that adversely affects the operations
1-31 or reputation of the department.
1-32 (c) The department shall adopt reasonable guidelines
1-33 regarding:
1-34 (1) the types of law enforcement services for which an
1-35 officer may purchase and wear a uniform under Subsection (a) and
1-36 the circumstances under which the officer may perform those
1-37 services; and
1-38 (2) the standards of behavior to be maintained by an
1-39 officer who wears a uniform purchased under Subsection (a).
1-40 SECTION 2. Subchapter C, Chapter 101, Civil Practice and
1-41 Remedies Code, is amended by adding Section 101.058 to read as
1-42 follows:
1-43 Sec. 101.058. NEGLIGENCE OF OFF-DUTY LAW ENFORCEMENT
1-44 OFFICERS. This chapter does not apply to the wrongful act or
1-45 omission or the negligence of an officer commissioned by the
1-46 Department of Public Safety if the officer was not on active duty
1-47 at the time the act, omission, or negligence occurred. This
1-48 section applies without regard to whether the officer was wearing a
1-49 uniform purchased under Section 411.0078, Government Code, at the
1-50 time the act, omission, or negligence occurred.
1-51 SECTION 3. Section 101.058, Civil Practice and Remedies
1-52 Code, as added by this Act, applies only to a cause of action that
1-53 accrues on or after the effective date of this Act. An action that
1-54 accrued before the effective date of this Act is governed by the
1-55 law as it existed immediately before the effective date of this
1-56 Act, and that law is continued in effect for that purpose.
1-57 SECTION 4. This Act takes effect September 1, 1995.
1-58 SECTION 5. The importance of this legislation and the
1-59 crowded condition of the calendars in both houses create an
1-60 emergency and an imperative public necessity that the
1-61 constitutional rule requiring bills to be read on three several
1-62 days in each house be suspended, and this rule is hereby suspended.
1-63 * * * * *