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