1-1                                   AN ACT
 1-2     relating to the law enforcement authority and status of a reserve
 1-3     deputy, reserve deputy constable, and reserve municipal police
 1-4     officer.
 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.
 4-5           SECTION 2.  Sections 85.004(a) and (b), Local Government
 4-6     Code, are amended to read as follows:
 4-7           (a)  The commissioners court of a county may authorize the
 4-8     sheriff to appoint reserve deputy sheriffs [who may be called on by
 4-9     the sheriff to serve as peace officers during the actual discharge
4-10     of their official duties].  The commissioners court may limit the
4-11     number of reserve deputies that may be appointed.
4-12           (b)  A reserve deputy serves at the discretion of the sheriff
4-13     and may be called into service if the sheriff considers it
4-14     necessary to have additional officers to preserve the peace and
4-15     enforce the law.  The sheriff may authorize a reserve deputy who is
4-16     a peace officer as described by Article 2.12, Code of Criminal
4-17     Procedure, to carry a weapon or act as a peace officer at all
4-18     times, regardless of whether the reserve deputy is engaged in the
4-19     actual discharge of official duties, or may limit the authority of
4-20     the reserve deputy to carry a weapon or act as a peace officer to
4-21     only those times during which the reserve deputy is engaged in the
4-22     actual discharge of official duties.  A reserve deputy who is not a
4-23     peace officer as described by Article 2.12, Code of Criminal
4-24     Procedure, may act as a peace officer only during the actual
4-25     discharge of official duties.  A reserve deputy, regardless of
4-26     whether the reserve deputy is a peace officer as described by
4-27     Article 2.12, Code of Criminal Procedure, is not:
 5-1                 (1)  eligible for participation in any program provided
 5-2     by the county that is normally considered a financial benefit of
 5-3     full-time employment or for any pension fund created by statute for
 5-4     the benefit of full-time paid peace officers; or
 5-5                 (2)  exempt from the Private Investigators and Private
 5-6     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
 5-7     Statutes).
 5-8           SECTION 3.  Sections 86.012(a) and (b), Local Government
 5-9     Code, are amended to read as follows:
5-10           (a)  The commissioners court of a county may authorize a
5-11     constable of the county to appoint reserve deputy constables.  [A
5-12     reserve deputy constable may serve as a peace officer during the
5-13     actual discharge of the reserve deputy constable's official
5-14     duties.]  The commissioners court may limit the number of reserve
5-15     deputy constables that a constable may appoint.
5-16           (b)  A reserve deputy constable serves at the discretion of
5-17     the constable and may be called into service at any time that the
5-18     constable considers it necessary to have additional officers to
5-19     preserve the peace and enforce the law.  The constable may
5-20     authorize a reserve deputy constable who is a peace officer as
5-21     described by Article 2.12, Code of Criminal Procedure, to carry a
5-22     weapon or act as a peace officer at all times, regardless of
5-23     whether the reserve deputy constable is engaged in the actual
5-24     discharge of official duties, or may limit the authority of the
5-25     reserve deputy constable to carry a weapon or act as a peace
5-26     officer to only those times during which the reserve deputy
5-27     constable is engaged in the actual discharge of official duties.  A
 6-1     reserve deputy constable who is not a peace officer as described by
 6-2     Article 2.12, Code of Criminal Procedure, may act as a peace
 6-3     officer only during the actual discharge of official duties.  A
 6-4     reserve deputy constable, regardless of whether the reserve deputy
 6-5     constable is a peace officer as described by Article 2.12, Code of
 6-6     Criminal Procedure, is not:
 6-7                 (1)  eligible for participation in any program provided
 6-8     by the county that is normally considered a financial benefit of
 6-9     full-time employment or for any pension fund created by statute for
6-10     the benefit of full-time paid peace officers; or
6-11                 (2)  exempt from the Private Investigators and Private
6-12     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
6-13     Statutes).
6-14           SECTION 4.  Sections 341.012(f), (g), and (h), Local
6-15     Government Code, are amended to read as follows:
6-16           (f)  A member [Members] of a reserve force who is not a peace
6-17     officer as described by Article 2.12, Code of Criminal Procedure,
6-18     may act [serve] as a peace officer only [officers] during the
6-19     actual discharge of official duties.
6-20           (g)  An appointment to the reserve force must be approved by
6-21     the governing body before the person appointed may carry a weapon
6-22     or otherwise act as a peace officer.  On approval of [After] the
6-23     appointment of a member who is not a peace officer as described by
6-24     Article 2.12, Code of Criminal Procedure [is approved], the person
6-25     appointed may carry a weapon only when authorized to do so by the
6-26     chief of police and only when discharging official duties as a
6-27     peace officer.
 7-1           (h)  Reserve police officers may act only in a supplementary
 7-2     capacity to the regular police force and may not assume the
 7-3     full-time duties of regular police officers without complying with
 7-4     the requirements for regular police officers.  On approval of the
 7-5     appointment of a member who is a peace officer as described by
 7-6     Article 2.12, Code of Criminal Procedure, the chief of police may
 7-7     authorize the person appointed to carry a weapon or act as a peace
 7-8     officer at all times, regardless of whether the person is engaged
 7-9     in the actual discharge of official duties, or may limit the
7-10     authority of the person to carry a weapon or act as a peace officer
7-11     to only those times during which the person is engaged in the
7-12     actual discharge of official duties.  A reserve police officer,
7-13     regardless of whether the reserve police officer is a peace officer
7-14     as described by Article 2.12, Code of Criminal Procedure, is not:
7-15                 (1)  eligible for participation in any program provided
7-16     by the governing body that is normally considered a financial
7-17     benefit of full-time employment or for any pension fund created by
7-18     statute for the benefit of full-time paid peace officers; or
7-19                 (2)  exempt from the Private Investigators and Private
7-20     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
7-21     Statutes).
7-22           SECTION 5.  This Act takes effect September 1, 1999.
7-23           SECTION 6.  The importance of this legislation and the
7-24     crowded condition of the calendars in both houses create an
7-25     emergency and an imperative public necessity that the
7-26     constitutional rule requiring bills to be read on three several
7-27     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 957 was passed by the House on March
         17, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 957 on May 3, 1999, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 957 was passed by the Senate, with
         amendments, on April 29, 1999, by the following vote:  Yeas 30,
         Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor