76R5517 PEP-F
By Uher H.B. No. 957
Substitute the following for H.B. No. 957:
By Carter C.S.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, 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. A reserve deputy who is not a peace officer as
4-16 defined by Article 2.12, Code of Criminal Procedure, may serve as a
4-17 peace officer only during the actual discharge of official duties.
4-18 A reserve deputy, regardless of whether the reserve deputy is a
4-19 peace officer as defined by Article 2.12, Code of Criminal
4-20 Procedure, is not:
4-21 (1) eligible for participation in any program provided
4-22 by the county that is normally considered a financial benefit of
4-23 full-time employment or for any pension fund created by statute for
4-24 the benefit of full-time paid peace officers; or
4-25 (2) exempt from the Private Investigators and Private
4-26 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
4-27 Statutes).
5-1 SECTION 3. Sections 86.012(a) and (b), Local Government
5-2 Code, are amended to read as follows:
5-3 (a) The commissioners court of a county may authorize a
5-4 constable of the county to appoint reserve deputy constables. [A
5-5 reserve deputy constable may serve as a peace officer during the
5-6 actual discharge of the reserve deputy constable's official
5-7 duties.] The commissioners court may limit the number of reserve
5-8 deputy constables that a constable may appoint.
5-9 (b) A reserve deputy constable serves at the discretion of
5-10 the constable and may be called into service at any time that the
5-11 constable considers it necessary to have additional officers to
5-12 preserve the peace and enforce the law. A reserve deputy constable
5-13 who is not a peace officer as defined by Article 2.12, Code of
5-14 Criminal Procedure, may serve as a peace officer only during the
5-15 actual discharge of official duties. A reserve deputy constable,
5-16 regardless of whether the reserve deputy constable is a peace
5-17 officer as defined by Article 2.12, Code of Criminal Procedure, is
5-18 not:
5-19 (1) eligible for participation in any program provided
5-20 by the county that is normally considered a financial benefit of
5-21 full-time employment or for any pension fund created by statute for
5-22 the benefit of full-time paid peace officers; or
5-23 (2) exempt from the Private Investigators and Private
5-24 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
5-25 Statutes).
5-26 SECTION 4. Sections 341.012(f), (g), and (h), Local
5-27 Government Code, are amended to read as follows:
6-1 (f) A member [Members] of a reserve force who is not a peace
6-2 officer as defined by Article 2.12, Code of Criminal Procedure, may
6-3 serve as a peace officer only [officers] during the actual
6-4 discharge of official duties.
6-5 (g) An appointment to the reserve force must be approved by
6-6 the governing body before the person appointed may carry a weapon
6-7 or otherwise act as a peace officer. On approval of [After] the
6-8 appointment of a member who is not a peace officer as defined by
6-9 Article 2.12, Code of Criminal Procedure [is approved], the person
6-10 appointed may carry a weapon only when authorized to do so by the
6-11 chief of police and only when discharging official duties as a
6-12 peace officer.
6-13 (h) Reserve police officers may act only in a supplementary
6-14 capacity to the regular police force and may not assume the
6-15 full-time duties of regular police officers without complying with
6-16 the requirements for regular police officers. A reserve police
6-17 officer, regardless of whether the reserve police officer is a
6-18 peace officer as defined by Article 2.12, Code of Criminal
6-19 Procedure, is not:
6-20 (1) eligible for participation in any program provided
6-21 by the governing body that is normally considered a financial
6-22 benefit of full-time employment or for any pension fund created by
6-23 statute for the benefit of full-time paid peace officers; or
6-24 (2) exempt from the Private Investigators and Private
6-25 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
6-26 Statutes).
6-27 SECTION 5. This Act takes effect September 1, 1999.
7-1 SECTION 6. The importance of this legislation and the
7-2 crowded condition of the calendars in both houses create an
7-3 emergency and an imperative public necessity that the
7-4 constitutional rule requiring bills to be read on three several
7-5 days in each house be suspended, and this rule is hereby suspended.