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.
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