By Holzheauser H.B. No. 3485
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to commissioning certain reserve deputy sheriffs as peace
1-3 officers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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;
2-1 (7) each member of an arson investigating unit
2-2 commissioned by a city, a county, or the state;
2-3 (8) officers commissioned under Section 21.483,
2-4 Education Code, or Subchapter E, Chapter 51, Education Code;
2-5 (9) officers commissioned by the General Services
2-6 Commission;
2-7 (10) law enforcement officers commissioned by the
2-8 Parks and Wildlife Commission;
2-9 (11) airport police officers commissioned by a city
2-10 with a population of more than one million, according to the most
2-11 recent federal census, that operates an airport that serves
2-12 commercial air carriers;
2-13 (12) airport security personnel commissioned as peace
2-14 officers by the governing body of any political subdivision of this
2-15 state, other than a city described by Subdivision (11), that
2-16 operates an airport that serves commercial air carriers;
2-17 (13) municipal park and recreational patrolmen and
2-18 security officers;
2-19 (14) security officers commissioned as peace officers
2-20 by the State Treasurer;
2-21 (15) officers commissioned by a water control and
2-22 improvement district under Section 51.132, Water Code;
2-23 (16) officers commissioned by a board of trustees
2-24 under Chapter 341, Acts of the 57th Legislature, Regular Session,
2-25 1961 (Article 1187f, Vernon's Texas Civil Statutes);
2-26 (17) investigators commissioned by the Texas State
2-27 Board of Medical Examiners;
3-1 (18) officers commissioned by the board of managers of
3-2 the Dallas County Hospital District, the Tarrant County Hospital
3-3 District, or the Bexar County Hospital District under Section
3-4 281.057, Health and Safety Code;
3-5 (19) county park rangers commissioned under Subchapter
3-6 E, Chapter 351, Local Government Code;
3-7 (20) investigators employed by the Texas Racing
3-8 Commission;
3-9 (21) officers commissioned by the State Board of
3-10 Pharmacy;
3-11 (22) officers commissioned by the governing body of a
3-12 metropolitan rapid transit authority under Section 13, Chapter 141,
3-13 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
3-14 Vernon's Texas Civil Statutes), or by a regional transportation
3-15 authority under Section 10, Chapter 683, Acts of the 66th
3-16 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
3-17 Civil Statutes);
3-18 (23) officers commissioned by the Texas High-Speed
3-19 Rail Authority;
3-20 (24) investigators commissioned by the attorney
3-21 general under Section 402.009, Government Code;
3-22 (25) security officers and investigators commissioned
3-23 as peace officers under Chapter 466, Government Code; [and]
3-24 (26) an officer employed by the Texas Department of
3-25 Health under Section 431.2471, Health and Safety Code;[.]
3-26 (27) [(26)] officers appointed by an appellate court
3-27 under Subchapter F, Chapter 53, Government Code; and[.]
4-1 (28) [(26)] officers commissioned by the state fire
4-2 marshal under Chapter 417, Government Code.
4-3 SECTION 2. Sections 85.004(a) and (d), Local Government
4-4 Code, are amended to read as follows:
4-5 (a) The commissioners court of a county may authorize the
4-6 sheriff to appoint reserve deputy sheriffs who may be called on by
4-7 the sheriff to serve as peace officers [during the actual discharge
4-8 of their official duties]. The commissioners court may limit the
4-9 number of reserve deputies that may be appointed.
4-10 (d) A reserve deputy on active duty at the call of the
4-11 sheriff [and actively engaged in assigned duties] has the same
4-12 rights, privileges, and duties as any other peace officer of the
4-13 state.
4-14 SECTION 3. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended,
4-19 and that this Act take effect and be in force from and after its
4-20 passage, and it is so enacted.