By Uher H.B. No. 957
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the law enforcement authority and status of a reserve
1-3 deputy, reserve deputy constable, reserve municipal police officer
1-4 and certain other peace officers.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 2.12, Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
1-9 officers:
1-10 (1) sheriffs, [and] their deputies, and those reserve
1-11 deputies who hold a permanent peace officer license issued under
1-12 Chapter 415, Government Code;
1-13 (2) constables, [and] deputy constables, and those
1-14 reserve deputy constables who hold a permanent peace officer
1-15 license issued under Chapter 415, Government Code;
1-16 (3) marshals or police officers of an incorporated
1-17 city, town, or village, and those reserve municipal police officers
1-18 who hold a permanent peace officer license issued under Chapter
1-19 415, Government Code;
1-20 (4) rangers and officers commissioned by the Public
1-21 Safety Commission and the Director of the Department of Public
1-22 Safety;
1-23 (5) investigators of the district attorneys', criminal
1-24 district attorneys', and county attorneys' offices;
2-1 (6) law enforcement agents of the Texas Alcoholic
2-2 Beverage Commission;
2-3 (7) each member of an arson investigating unit
2-4 commissioned by a city, a county, or the state;
2-5 (8) officers commissioned under Section 37.081,
2-6 Education Code, or Subchapter E, Chapter 51, Education Code;
2-7 (9) officers commissioned by the General Services
2-8 Commission;
2-9 (10) law enforcement officers commissioned by the
2-10 Parks and Wildlife Commission;
2-11 (11) airport police officers commissioned by a city
2-12 with a population of more than one million, according to the most
2-13 recent federal census, that operates an airport that serves
2-14 commercial air carriers;
2-15 (12) airport security personnel commissioned as peace
2-16 officers by the governing body of any political subdivision of this
2-17 state, other than a city described by Subdivision (11), that
2-18 operates an airport that serves commercial air carriers;
2-19 (13) municipal park and recreational patrolmen and
2-20 security officers;
2-21 (14) security officers commissioned as peace officers
2-22 by the comptroller;
2-23 (15) officers commissioned by a water control and
2-24 improvement district under Section 49.216, Water Code;
2-25 (16) officers commissioned by a board of trustees
2-26 under Chapter 341, Acts of the 57th Legislature, Regular Session,
2-27 1961 (Article 1187f, Vernon's Texas Civil Statutes);
3-1 (17) investigators commissioned by the Texas State
3-2 Board of Medical Examiners;
3-3 (18) officers commissioned by the board of managers of
3-4 the Dallas County Hospital District, the Tarrant County Hospital
3-5 District, or the Bexar County Hospital District under Section
3-6 281.057, Health and Safety Code;
3-7 (19) county park rangers commissioned under Subchapter
3-8 E, Chapter 351, Local Government Code;
3-9 (20) investigators employed by the Texas Racing
3-10 Commission;
3-11 (21) officers commissioned by the State Board of
3-12 Pharmacy;
3-13 (22) officers commissioned by the governing body of a
3-14 metropolitan rapid transit authority under Section 451.108,
3-15 Transportation Code, or by a regional transportation authority
3-16 under Section 452.110, Transportation Code;
3-17 (23) investigators commissioned by the attorney
3-18 general under Section 402.009, Government Code;
3-19 (24) security officers and investigators commissioned
3-20 as peace officers under Chapter 466, Government Code;
3-21 (25) an officer employed by the Texas Department of
3-22 Health under Section 431.2471, Health and Safety Code;
3-23 (26) officers appointed by an appellate court under
3-24 Subchapter F, Chapter 53, Government Code;
3-25 (27) officers commissioned by the state fire marshal
3-26 under Chapter 417, Government Code;
3-27 (28) an investigator commissioned by the commissioner
4-1 of insurance under Article 1.10D, Insurance Code; [and]
4-2 (29) apprehension specialists commissioned by the
4-3 Texas Youth Commission as officers under Section 61.0931, Human
4-4 Resources Code; and
4-5 (30) investigators commissioned by the Commission on
4-6 Law Enforcement Officer Standards and Education under Section
4-7 415.016, Government Code.
4-8 SECTION 2. Sections 85.004(a) and (b), Local Government
4-9 Code, are amended to read as follows:
4-10 (a) The commissioners court of a county may authorize the
4-11 sheriff to appoint reserve deputy sheriffs [who may be called on by
4-12 the sheriff to serve as peace officers during the actual discharge
4-13 of their official duties]. The commissioners court may limit the
4-14 number of reserve deputies that may be appointed.
4-15 (b) A reserve deputy serves at the discretion of the sheriff
4-16 and may be called into service if the sheriff considers it
4-17 necessary to have additional officers to preserve the peace and
4-18 enforce the law. A reserve deputy who is not a peace officer as
4-19 defined by Article 2.12, Code of Criminal Procedure, may serve as a
4-20 peace officer only during the actual discharge of official duties.
4-21 A reserve deputy, regardless of whether the reserve deputy is a
4-22 peace officer as defined by Article 2.12, Code of Criminal
4-23 Procedure, is not:
4-24 (1) eligible for participation in any program provided
4-25 by the county that is normally considered a financial benefit of
4-26 full-time employment or for any pension fund created by statute for
4-27 the benefit of full-time paid peace officers; or
5-1 (2) exempt from the Private Investigators and Private
5-2 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
5-3 Statutes).
5-4 SECTION 3. Sections 86.012(a) and (b), Local Government
5-5 Code, are amended to read as follows:
5-6 (a) The commissioners court of a county may authorize a
5-7 constable of the county to appoint reserve deputy constables. [A
5-8 reserve deputy constable may serve as a peace officer during the
5-9 actual discharge of the reserve deputy constable's official
5-10 duties.] The commissioners court may limit the number of reserve
5-11 deputy constables that a constable may appoint.
5-12 (b) A reserve deputy constable serves at the discretion of
5-13 the constable and may be called into service at any time that the
5-14 constable considers it necessary to have additional officers to
5-15 preserve the peace and enforce the law. A reserve deputy constable
5-16 who is not a peace officer as defined by Article 2.12, Code of
5-17 Criminal Procedure, may serve as a peace officer only during the
5-18 actual discharge of official duties. A reserve deputy constable,
5-19 regardless of whether the reserve deputy constable is a peace
5-20 officer as defined by Article 2.12, Code of Criminal Procedure, is
5-21 not:
5-22 (1) eligible for participation in any program provided
5-23 by the county that is normally considered a financial benefit of
5-24 full-time employment or for any pension fund created by statute for
5-25 the benefit of full-time paid peace officers; or
5-26 (2) exempt from the Private Investigators and Private
5-27 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
6-1 Statutes).
6-2 SECTION 4. Sections 341.012(f), (g), and (h), Local
6-3 Government Code, are amended to read as follows:
6-4 (f) A member [Members] of a reserve force who is not a peace
6-5 officer as defined by Article 2.12, Code of Criminal Procedure, may
6-6 serve as a peace officer only [officers] during the actual
6-7 discharge of official duties.
6-8 (g) An appointment to the reserve force must be approved by
6-9 the governing body before the person appointed may carry a weapon
6-10 or otherwise act as a peace officer. On approval of [After] the
6-11 appointment of a member who is not a peace officer as defined by
6-12 Article 2.12, Code of Criminal Procedure [is approved], the person
6-13 appointed may carry a weapon only when authorized to do so by the
6-14 chief of police and only when discharging official duties as a
6-15 peace officer.
6-16 (h) Reserve police officers may act only in a supplementary
6-17 capacity to the regular police force and may not assume the
6-18 full-time duties of regular police officers without complying with
6-19 the requirements for regular police officers. A reserve police
6-20 officer, regardless of whether the reserve police officer is a
6-21 peace officer as defined by Article 2.12, Code of Criminal
6-22 Procedure, is not:
6-23 (1) eligible for participation in any program provided
6-24 by the governing body that is normally considered a financial
6-25 benefit of full-time employment or for any pension fund created by
6-26 statute for the benefit of full-time paid peace officers; or
6-27 (2) exempt from the Private Investigators and Private
7-1 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
7-2 Statutes).
7-3 SECTION 5. Subchapter A, Chapter 415, Government Code, is
7-4 amended by adding Section 415.016 to read as follows:
7-5 Sec. 415.016. AUTHORITY TO COMMISSION INVESTIGATORS AS PEACE
7-6 OFFICERS. The commission may commission investigators employed by
7-7 the commission as peace officers for the limited purpose of
7-8 assisting the commission in administering this chapter.
7-9 SECTION 6. This Act takes effect September 1, 1999.
7-10 SECTION 7. The importance of this legislation and the
7-11 crowded condition of the calendars in both houses create an
7-12 emergency and an imperative public necessity that the
7-13 constitutional rule requiring bills to be read on three several
7-14 days in each house be suspended, and this rule is hereby suspended.