SRC-JJJ H.B. 957 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 957
By: Uher (Whitmire)
Intergovernmental Relations
3/29/1999
Engrossed


DIGEST 

Currently, Texas law establishes that reserve police officers, reserve
deputies, and reserve deputy constables in Texas are not classified as
"peace officers," even though they have been required since 1989 to undergo
the same amount of training as regular, full-time officers, and are
required to obtain their peace officer license. Therefore, these officers
or deputies are unable to assist on-duty officers in arrests and are unable
to carry their weapons while off-duty without being subject to prosecution
for unlawfully  carrying a weapon.  H.B. 957 includes reserve police
officers, reserve deputies, and reserve deputy constables as peace
officers.  This bill does not exempt those officers or deputies from the
Private Investigators and Private Security Agencies Act or make them
eligible for benefits that a full-time peace officer receives. 

PURPOSE

As proposed, H.B. 957 establishes provisions regarding the law enforcement
authority and status of a reserve deputy, reserve deputy constable, reserve
municipal police officer and certain other peace officers. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 2.12, Code of Criminal Procedure, to set forth
those who are peace officers, including certain reserve officers,
constables, deputies, and commissioned investigators. Makes conforming
changes.  

SECTION 2.  Amends Sections 85.004(a) and (b), Local Government Code,  to
provide that a reserve deputy who is not a peace officer is authorized to
serve as a peace officer only during the actual discharge of official
duties.  Provides that a reserve deputy who is not a peace officer is not
eligible for certain employment or exempt from the Private Investigators
and Private Security Agencies Act. Deletes text regarding certain reserve
deputies that may be called upon to serve as peace officers. 

SECTION 3.  Amends Sections 86.012(a) and (b), Local Government Code, to
provide that a reserve deputy constable who is not a peace officer is
authorized to serve as a peace officer only during the actual discharge of
official duties.  Provides that a reserve deputy constable who is not a
peace officer is not eligible for certain employment or exempt from the
Private Investigators and Private Security Agencies Act. Deletes text
regarding certain reserve deputies that may be called upon to serve as
peace officers. 

SECTION 4.  Amends Sections 341.012(f), (g), and (h), Local Government
Code, to authorize a member of a reserve force who is not a peace officer
to serve as a peace officer only during the actual discharge of official
duties.  Authorizes a person, upon approval of the appointment of a member
who is not a peace officer, to carry a weapon only when authorized to do
so.  Provides that a reserve police officer is not eligible for certain
employment or exempt from the Private Investigators and Private Security
Agencies Act.  Makes conforming changes. 

 SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.