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


Senate Research CenterC.S.H.B. 957
76R11304 PEP-DBy: Uher (Whitmire)
Intergovernmental Relations
4/15/1999
Committee Report (Substituted)


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.  C.S.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, C.S.H.B. 957 establishes provisions regarding the law
enforcement authority and status of a reserve deputy, a reserve deputy
constable, and a reserve municipal police officer. 

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, and deputies.  Makes conforming changes.  

SECTION 2.  Amends Sections 85.004(a) and (b), Local Government Code,  to
authorize the sheriff to authorize a reserve deputy who is a peace officer
to carry a weapon, either at all times or at limited times during the
actual discharge of official duties.  Provides that a reserve deputy who is
not a peace officer is authorized to act 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
authorize the constable to authorize a reserve deputy constable who is a
peace officer to carry a weapon, either at all times or at limited times
during the actual discharge of official duties.  Provides that a reserve
deputy constable who is not a peace officer is authorized to act 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 deputy
constables 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 the chief of police to authorize a person, on approval
of the appointment of a member who is a peace officer, to carry a weapon,
either at all times or at limited times during the actual discharge of
official duties.  Authorizes a member of a reserve force who is not a peace
officer to act as a peace officer only during the actual discharge of
official duties.  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 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

 Amends Article 2.12, Code of Criminal Procedure, to delete proposed
Subsection (30). 

SECTION 2.

Amends Sections 85.004(b), Code of Criminal Procedure, to authorize the
sheriff to authorize a reserve deputy who is a peace officer to carry a
weapon, either at all times or at limited times during the actual discharge
of official duties.  Makes nonsubstantive changes. 

SECTION 3.

Amends Sections 86.012(b), Code of Criminal Procedure, to authorize the
constable to authorize a reserve deputy constable who is a peace officer to
carry a weapon, either at all times or at limited times during the actual
discharge of official duties.  Makes nonsubstantive changes. 

SECTION 4.

Amends Sections 341.012(f) and (h), Local Government Code, to authorize the
chief of police to authorize a person, on approval of the appointment of a
member who is a peace officer to carry a weapon, either at all times or at
limited times during the actual discharge of official duties.  Makes
conforming changes.   

SECTION 5.

 Deletes proposed SECTION 5. Renumbers subsequent SECTIONS.