1-1 By: Uher (Senate Sponsor - Whitmire) H.B. No. 957
1-2 (In the Senate - Received from the House March 18, 1999;
1-3 March 22, 1999, read first time and referred to Committee on
1-4 Intergovernmental Relations; April 16, 1999, reported adversely,
1-5 with favorable Committee Substitute by the following vote: Yeas 4,
1-6 Nays 0; April 16, 1999, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 957 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the law enforcement authority and status of a reserve
1-11 deputy, reserve deputy constable, and reserve municipal police
1-12 officer.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Article 2.12, Code of Criminal Procedure, is
1-15 amended to read as follows:
1-16 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
1-17 officers:
1-18 (1) sheriffs, [and] their deputies, and those reserve
1-19 deputies who hold a permanent peace officer license issued under
1-20 Chapter 415, Government Code;
1-21 (2) constables, [and] deputy constables, and those
1-22 reserve deputy constables who hold a permanent peace officer
1-23 license issued under Chapter 415, Government Code;
1-24 (3) marshals or police officers of an incorporated
1-25 city, town, or village, and those reserve municipal police officers
1-26 who hold a permanent peace officer license issued under Chapter
1-27 415, Government Code;
1-28 (4) rangers and officers commissioned by the Public
1-29 Safety Commission and the Director of the Department of Public
1-30 Safety;
1-31 (5) investigators of the district attorneys', criminal
1-32 district attorneys', and county attorneys' offices;
1-33 (6) law enforcement agents of the Texas Alcoholic
1-34 Beverage Commission;
1-35 (7) each member of an arson investigating unit
1-36 commissioned by a city, a county, or the state;
1-37 (8) officers commissioned under Section 37.081,
1-38 Education Code, or Subchapter E, Chapter 51, Education Code;
1-39 (9) officers commissioned by the General Services
1-40 Commission;
1-41 (10) law enforcement officers commissioned by the
1-42 Parks and Wildlife Commission;
1-43 (11) airport police officers commissioned by a city
1-44 with a population of more than one million, according to the most
1-45 recent federal census, that operates an airport that serves
1-46 commercial air carriers;
1-47 (12) airport security personnel commissioned as peace
1-48 officers by the governing body of any political subdivision of this
1-49 state, other than a city described by Subdivision (11), that
1-50 operates an airport that serves commercial air carriers;
1-51 (13) municipal park and recreational patrolmen and
1-52 security officers;
1-53 (14) security officers commissioned as peace officers
1-54 by the comptroller;
1-55 (15) officers commissioned by a water control and
1-56 improvement district under Section 49.216, Water Code;
1-57 (16) officers commissioned by a board of trustees
1-58 under Chapter 341, Acts of the 57th Legislature, Regular Session,
1-59 1961 (Article 1187f, Vernon's Texas Civil Statutes);
1-60 (17) investigators commissioned by the Texas State
1-61 Board of Medical Examiners;
1-62 (18) officers commissioned by the board of managers of
1-63 the Dallas County Hospital District, the Tarrant County Hospital
1-64 District, or the Bexar County Hospital District under Section
2-1 281.057, Health and Safety Code;
2-2 (19) county park rangers commissioned under Subchapter
2-3 E, Chapter 351, Local Government Code;
2-4 (20) investigators employed by the Texas Racing
2-5 Commission;
2-6 (21) officers commissioned by the State Board of
2-7 Pharmacy;
2-8 (22) officers commissioned by the governing body of a
2-9 metropolitan rapid transit authority under Section 451.108,
2-10 Transportation Code, or by a regional transportation authority
2-11 under Section 452.110, Transportation Code;
2-12 (23) investigators commissioned by the attorney
2-13 general under Section 402.009, Government Code;
2-14 (24) security officers and investigators commissioned
2-15 as peace officers under Chapter 466, Government Code;
2-16 (25) an officer employed by the Texas Department of
2-17 Health under Section 431.2471, Health and Safety Code;
2-18 (26) officers appointed by an appellate court under
2-19 Subchapter F, Chapter 53, Government Code;
2-20 (27) officers commissioned by the state fire marshal
2-21 under Chapter 417, Government Code;
2-22 (28) an investigator commissioned by the commissioner
2-23 of insurance under Article 1.10D, Insurance Code; and
2-24 (29) apprehension specialists commissioned by the
2-25 Texas Youth Commission as officers under Section 61.0931, Human
2-26 Resources Code.
2-27 SECTION 2. Sections 85.004(a) and (b), Local Government
2-28 Code, are amended to read as follows:
2-29 (a) The commissioners court of a county may authorize the
2-30 sheriff to appoint reserve deputy sheriffs [who may be called on by
2-31 the sheriff to serve as peace officers during the actual discharge
2-32 of their official duties]. The commissioners court may limit the
2-33 number of reserve deputies that may be appointed.
2-34 (b) A reserve deputy serves at the discretion of the sheriff
2-35 and may be called into service if the sheriff considers it
2-36 necessary to have additional officers to preserve the peace and
2-37 enforce the law. The sheriff may authorize a reserve deputy who is
2-38 a peace officer as described by Article 2.12, Code of Criminal
2-39 Procedure, to carry a weapon or act as a peace officer at all
2-40 times, regardless of whether the reserve deputy is engaged in the
2-41 actual discharge of official duties, or may limit the authority of
2-42 the reserve deputy to carry a weapon or act as a peace officer to
2-43 only those times during which the reserve deputy is engaged in the
2-44 actual discharge of official duties. A reserve deputy who is not a
2-45 peace officer as described by Article 2.12, Code of Criminal
2-46 Procedure, may act as a peace officer only during the actual
2-47 discharge of official duties. A reserve deputy, regardless of
2-48 whether the reserve deputy is a peace officer as described by
2-49 Article 2.12, Code of Criminal Procedure, is not:
2-50 (1) eligible for participation in any program provided
2-51 by the county that is normally considered a financial benefit of
2-52 full-time employment or for any pension fund created by statute for
2-53 the benefit of full-time paid peace officers; or
2-54 (2) exempt from the Private Investigators and Private
2-55 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
2-56 Statutes).
2-57 SECTION 3. Sections 86.012(a) and (b), Local Government
2-58 Code, are amended to read as follows:
2-59 (a) The commissioners court of a county may authorize a
2-60 constable of the county to appoint reserve deputy constables. [A
2-61 reserve deputy constable may serve as a peace officer during the
2-62 actual discharge of the reserve deputy constable's official
2-63 duties.] The commissioners court may limit the number of reserve
2-64 deputy constables that a constable may appoint.
2-65 (b) A reserve deputy constable serves at the discretion of
2-66 the constable and may be called into service at any time that the
2-67 constable considers it necessary to have additional officers to
2-68 preserve the peace and enforce the law. The constable may authorize
2-69 a reserve deputy constable who is a peace officer as described by
3-1 Article 2.12, Code of Criminal Procedure, to carry a weapon or act
3-2 as a peace officer at all times, regardless of whether the reserve
3-3 deputy constable is engaged in the actual discharge of official
3-4 duties, or may limit the authority of the reserve deputy constable
3-5 to carry a weapon or act as a peace officer to only those times
3-6 during which the reserve deputy constable is engaged in the actual
3-7 discharge of official duties. A reserve deputy constable who is not
3-8 a peace officer as described by Article 2.12, Code of Criminal
3-9 Procedure, may act as a peace officer only during the actual
3-10 discharge of official duties. A reserve deputy constable,
3-11 regardless of whether the reserve deputy constable is a peace
3-12 officer as described by Article 2.12, Code of Criminal Procedure,
3-13 is not:
3-14 (1) eligible for participation in any program provided
3-15 by the county that is normally considered a financial benefit of
3-16 full-time employment or for any pension fund created by statute for
3-17 the benefit of full-time paid peace officers; or
3-18 (2) exempt from the Private Investigators and Private
3-19 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
3-20 Statutes).
3-21 SECTION 4. Sections 341.012(f), (g), and (h), Local
3-22 Government Code, are amended to read as follows:
3-23 (f) A member [Members] of a reserve force who is not a peace
3-24 officer as described by Article 2.12, Code of Criminal Procedure,
3-25 may act [serve] as a peace officer only [officers] during the
3-26 actual discharge of official duties.
3-27 (g) An appointment to the reserve force must be approved by
3-28 the governing body before the person appointed may carry a weapon
3-29 or otherwise act as a peace officer. On approval of [After] the
3-30 appointment of a member who is not a peace officer as described by
3-31 Article 2.12, Code of Criminal Procedure [is approved], the person
3-32 appointed may carry a weapon only when authorized to do so by the
3-33 chief of police and only when discharging official duties as a
3-34 peace officer.
3-35 (h) Reserve police officers may act only in a supplementary
3-36 capacity to the regular police force and may not assume the
3-37 full-time duties of regular police officers without complying with
3-38 the requirements for regular police officers. On approval of the
3-39 appointment of a member who is a peace officer as described by
3-40 Article 2.12, Code of Criminal Procedure, the chief of police may
3-41 authorize the person appointed to carry a weapon or act as a peace
3-42 officer at all times, regardless of whether the person is engaged
3-43 in the actual discharge of official duties, or may limit the
3-44 authority of the person to carry a weapon or act as a peace officer
3-45 to only those times during which the person is engaged in the
3-46 actual discharge of official duties. A reserve police officer,
3-47 regardless of whether the reserve police officer is a peace officer
3-48 as described by Article 2.12, Code of Criminal Procedure, is not:
3-49 (1) eligible for participation in any program provided
3-50 by the governing body that is normally considered a financial
3-51 benefit of full-time employment or for any pension fund created by
3-52 statute for the benefit of full-time paid peace officers; or
3-53 (2) exempt from the Private Investigators and Private
3-54 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
3-55 Statutes).
3-56 SECTION 5. This Act takes effect September 1, 1999.
3-57 SECTION 6. The importance of this legislation and the
3-58 crowded condition of the calendars in both houses create an
3-59 emergency and an imperative public necessity that the
3-60 constitutional rule requiring bills to be read on three several
3-61 days in each house be suspended, and this rule is hereby suspended.
3-62 * * * * *