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


Office of House Bill AnalysisC.S.H.B. 957
By: Uher
Public Safety
3/1/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current state law, 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.  C.S.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 reserve deputy 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.  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 reserve deputy constable
who is not a peace officer to serve as a peace officer only 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.  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.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 957 differs from  the original bill by providing that in order for
reserve deputies, reserve deputy constables, and reserve municipal police
officers to be classified as peace officers under Article 2.12, Code of
Criminal Procedure, they must hold a permanent peace officer license issued
under 415, Government Code, rather than simply providing that they be
licensed under that chapter.  
The substitute adds language that provides that members of a reserve police
force who are not peace officers defined by Article 2.12, Code of Criminal
Procedure may serve as peace officers only in the discharge of official
duties.