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.