By Uher H.B. No. 957
76R3863 PEP-D
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 are licensed under Chapter 415, Government Code;
1-12 (2) constables, [and] deputy constables, and those
1-13 reserve deputy constables who are licensed under Chapter 415,
1-14 Government Code;
1-15 (3) marshals or police officers of an incorporated
1-16 city, town, or village, and those reserve municipal police officers
1-17 who are licensed under Chapter 415, Government Code;
1-18 (4) rangers and officers commissioned by the Public
1-19 Safety Commission and the Director of the Department of Public
1-20 Safety;
1-21 (5) investigators of the district attorneys', criminal
1-22 district attorneys', and county attorneys' offices;
1-23 (6) law enforcement agents of the Texas Alcoholic
1-24 Beverage Commission;
2-1 (7) each member of an arson investigating unit
2-2 commissioned by a city, a county, or the state;
2-3 (8) officers commissioned under Section 37.081,
2-4 Education Code, or Subchapter E, Chapter 51, Education Code;
2-5 (9) officers commissioned by the General Services
2-6 Commission;
2-7 (10) law enforcement officers commissioned by the
2-8 Parks and Wildlife Commission;
2-9 (11) airport police officers commissioned by a city
2-10 with a population of more than one million, according to the most
2-11 recent federal census, that operates an airport that serves
2-12 commercial air carriers;
2-13 (12) airport security personnel commissioned as peace
2-14 officers by the governing body of any political subdivision of this
2-15 state, other than a city described by Subdivision (11), that
2-16 operates an airport that serves commercial air carriers;
2-17 (13) municipal park and recreational patrolmen and
2-18 security officers;
2-19 (14) security officers commissioned as peace officers
2-20 by the comptroller;
2-21 (15) officers commissioned by a water control and
2-22 improvement district under Section 49.216, Water Code;
2-23 (16) officers commissioned by a board of trustees
2-24 under Chapter 341, Acts of the 57th Legislature, Regular Session,
2-25 1961 (Article 1187f, Vernon's Texas Civil Statutes);
2-26 (17) investigators commissioned by the Texas State
2-27 Board of Medical Examiners;
3-1 (18) officers commissioned by the board of managers of
3-2 the Dallas County Hospital District, the Tarrant County Hospital
3-3 District, or the Bexar County Hospital District under Section
3-4 281.057, Health and Safety Code;
3-5 (19) county park rangers commissioned under Subchapter
3-6 E, Chapter 351, Local Government Code;
3-7 (20) investigators employed by the Texas Racing
3-8 Commission;
3-9 (21) officers commissioned by the State Board of
3-10 Pharmacy;
3-11 (22) officers commissioned by the governing body of a
3-12 metropolitan rapid transit authority under Section 451.108,
3-13 Transportation Code, or by a regional transportation authority
3-14 under Section 452.110, Transportation Code;
3-15 (23) investigators commissioned by the attorney
3-16 general under Section 402.009, Government Code;
3-17 (24) security officers and investigators commissioned
3-18 as peace officers under Chapter 466, Government Code;
3-19 (25) an officer employed by the Texas Department of
3-20 Health under Section 431.2471, Health and Safety Code;
3-21 (26) officers appointed by an appellate court under
3-22 Subchapter F, Chapter 53, Government Code;
3-23 (27) officers commissioned by the state fire marshal
3-24 under Chapter 417, Government Code;
3-25 (28) an investigator commissioned by the commissioner
3-26 of insurance under Article 1.10D, Insurance Code; and
3-27 (29) apprehension specialists commissioned by the
4-1 Texas Youth Commission as officers under Section 61.0931, Human
4-2 Resources Code.
4-3 SECTION 2. Section 85.004(b), Local Government Code, is
4-4 amended to read as follows:
4-5 (b) A reserve deputy serves at the discretion of the sheriff
4-6 and may be called into service if the sheriff considers it
4-7 necessary to have additional officers to preserve the peace and
4-8 enforce the law. A reserve deputy, regardless of whether the
4-9 reserve deputy is a peace officer as defined by Article 2.12, Code
4-10 of Criminal Procedure, is not:
4-11 (1) eligible for participation in any program provided
4-12 by the county that is normally considered a financial benefit of
4-13 full-time employment or for any pension fund created by statute for
4-14 the benefit of full-time paid peace officers; or
4-15 (2) exempt from the Private Investigators and Private
4-16 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
4-17 Statutes).
4-18 SECTION 3. Section 86.012(b), Local Government Code, is
4-19 amended to read as follows:
4-20 (b) A reserve deputy constable serves at the discretion of
4-21 the constable and may be called into service at any time that the
4-22 constable considers it necessary to have additional officers to
4-23 preserve the peace and enforce the law. A reserve deputy
4-24 constable, regardless of whether the reserve deputy constable is a
4-25 peace officer as defined by Article 2.12, Code of Criminal
4-26 Procedure, is not:
4-27 (1) eligible for participation in any program provided
5-1 by the county that is normally considered a financial benefit of
5-2 full-time employment or for any pension fund created by statute for
5-3 the benefit of full-time paid peace officers; or
5-4 (2) exempt from the Private Investigators and Private
5-5 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
5-6 Statutes).
5-7 SECTION 4. Section 341.012(h), Local Government Code, is
5-8 amended to read as follows:
5-9 (h) Reserve police officers may act only in a supplementary
5-10 capacity to the regular police force and may not assume the
5-11 full-time duties of regular police officers without complying with
5-12 the requirements for regular police officers. A reserve police
5-13 officer, regardless of whether the reserve police officer is a
5-14 peace officer as defined by Article 2.12, Code of Criminal
5-15 Procedure, is not:
5-16 (1) eligible for participation in any program provided
5-17 by the governing body that is normally considered a financial
5-18 benefit of full-time employment or for any pension fund created by
5-19 statute for the benefit of full-time paid peace officers; or
5-20 (2) exempt from the Private Investigators and Private
5-21 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
5-22 Statutes).
5-23 SECTION 5. This Act takes effect September 1, 1999.
5-24 SECTION 6. The importance of this legislation and the
5-25 crowded condition of the calendars in both houses create an
5-26 emergency and an imperative public necessity that the
5-27 constitutional rule requiring bills to be read on three several
6-1 days in each house be suspended, and this rule is hereby suspended.