HBA-MAM, DMD H.B. 957 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 957
By: Uher
Public Safety
7/30/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, reserve police officers, reserve deputies,
and reserve deputy constables in Texas were 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
were unable to assist on-duty officers in arrests and were 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.  The
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. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 2.12, Code of Criminal Procedure, to include as
peace officers, those reserve deputies, reserve deputy constables, and
reserve municipal police officers who hold a permanent peace officer
license under Chapter 415, Government Code (Commission on Law Enforcement
Officer Standards and Education).  Makes conforming changes. 

SECTION 2.  Amends Sections 85.004 (a) and (b), Local Government Code, to
delete the provision that reserve deputy sheriffs who are appointed by the
sheriff may be called on to serve as peace officers during the actual
discharge of their official duties.  Authorizes a sheriff to authorize a
reserve deputy who is not a peace officer as defined by Article 2.12, Code
of Criminal Procedure, to carry a weapon or act as a peace officer at all
times, regardless of whether the reserve deputy is engaged in the actual
discharge of official duties, or to limit the authority of the reserve
deputy to carry a weapon or act as a peace officer to only those times
during which the reserve deputy is engaged in the actual discharge of
official duties. Authorizes a reserve deputy who is not a peace officer as
described by Article 2.12, Code of Criminal Procedure, to act as a peace
officer only during the actual discharge of official duties. Provides that
a reserve deputy, regardless of whether the reserve deputy is a peace
officer as defined by Article 2.12, Code of Criminal Procedure, is not
eligible for participation in any county program that is normally
considered a financial benefit of full-time employment or for any pension
fund created by statute for the benefit of full-time paid peace officers;
or is not exempt from the Private Investigators and Private Security
Agencies Act (Article 4413 (29bb), V.T.C.S.). 

SECTION 3.  Amends Sections 86.012 (a) and (b), Local Government Code, to
delete  the provision that reserve deputy constables who are appointed by
the constable may be called on to serve as peace officers during the actual
discharge of their official duties. Authorizes a constable to authorize a
reserve deputy constable who is not a peace officer as defined by Article
2.12, Code of Criminal Procedure, to carry a weapon or act as a peace
officer at all times, regardless of whether the reserve deputy constable is
engaged in the actual discharge of official duties or to limit the
authority of the reserve deputy constable to carry a weapon or act as a
peace officer to only those times during which the reserve deputy constable
is engaged in the actual discharge of official duties. Prohibits a reserve
deputy constable who is not a peace officer as described by Article 2.12,
Code of Criminal Procedure, from acting as a peace officer exempt during
the actual discharge of official duties. Provides that a reserve deputy
constable, regardless of whether the reserve deputy constable is a peace
officer as defined by Article 2.12, Code of Criminal Procedure, is not
eligible for participation in any county program that is normally
considered a financial benefit of full-time employment or for any pension
fund created by statute for the benefit of full-time paid peace officers;
or is not exempt from the Private Investigators and Private Security
Agencies Act (Article 4413 (29bb), V.T.C.S.). 

SECTION 4.  Amends Sections 341.012 (f), (g), and (h), Local Government
Code, to authorize a member of the police reserve force, who is not a peace
officer as defined by Article 2.12, Code of Criminal Procedure, to serve as
a peace officer only during the actual discharge of official duties.
Authorizes a person, who is not a peace officer as defined by Article 2.12,
Code of Criminal Procedure, and  who is approved to be on the reserve
force, to carry a weapon only when authorized to do so by the chief of
police and only when carrying out official duties. Authorizes a chief of
police, on approval of the appointment of a member who is a peace officer
as described by Article 2.12, Code of Criminal Procedure, to authorize the
person appointed to carry a weapon or act as a peace officer at all times,
regardless of whether the reserve police officer is engaged in the actual
discharge of official duties or to limit the authority of the person to
carry a weapon or act as a peace officer to only those times during which
the person is engaged in the actual discharge of official duties. Provides
that a reserve police officer, regardless of whether the reserve police
officer is a peace officer as defined by Article 2.12, Code of Criminal
Procedure, is not eligible for participation in any governing body program
that is normally considered a financial benefit of full-time employment or
for any pension fund created by statute for the benefit of full-time paid
peace officers; or is not exempt from the Private Investigators and Private
Security Agencies Act (Article 4413 (29bb), V.T.C.S.). 

SECTION 5.Effective date: September 1, 1999.

SECTION 6.Emergency clause.