By Ritter H.B. No. 169
77R999 JMG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appointment of certain special retired peace
1-3 officers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter G, Chapter 1701, Occupations Code, is
1-6 amended by adding Section 1701.317 to read as follows:
1-7 Sec. 1701.317. SPECIAL RETIRED PEACE OFFICERS. (a) The
1-8 commission may appoint as a special retired peace officer an
1-9 officer of a municipal police department, a sheriff's department,
1-10 or a constable's department:
1-11 (1) who is:
1-12 (A) honorably retired after at least 20 years of
1-13 service as a commissioned officer; or
1-14 (B) eligible to receive a pension according to
1-15 the officer's service as a commissioned officer;
1-16 (2) whose license as a commissioned officer was not
1-17 revoked or suspended for any period during the officer's term of
1-18 service as a commissioned officer;
1-19 (3) who has no psychological or physical disability
1-20 that would interfere with the officer's proper handling of a
1-21 handgun; and
1-22 (4) who obtains a weapons proficiency certificate
1-23 under Section 1701.3085 or a handgun proficiency certificate under
1-24 Section 411.189, Government Code.
2-1 (b) A special retired peace officer is subject to the orders
2-2 of the commission and the governor. The officer is subject to the
2-3 orders of the department from which the officer retired if the
2-4 officer is recalled for special duty to the department. A special
2-5 retired peace officer may enforce only laws designed to protect
2-6 life and property. A special retired peace officer may not enforce
2-7 Subtitle C, Title 7, Transportation Code.
2-8 (c) Before a commission is issued to a special retired peace
2-9 officer, the officer shall post a bond with the commission in the
2-10 amount of $2,500. The purpose of this bond is to indemnify a
2-11 person for damages resulting from an unlawful act of an officer.
2-12 The bond must be:
2-13 (1) executed by a surety company that is authorized to
2-14 do business in this state; and
2-15 (2) approved by the commission.
2-16 (d) The department from which a special retired peace
2-17 officer retired may be liable for an unlawful act of an officer
2-18 only when the officer has been recalled by the department for
2-19 special duty under this section.
2-20 (e) A special retired peace officer is not entitled to
2-21 compensation when the officer is recalled for special duty under
2-22 this section.
2-23 (f) A special retired peace officer commission expires on
2-24 January 1 of the first odd-numbered year after appointment and on
2-25 January 1 of each subsequent year. The commission is renewed
2-26 automatically on the annual posting of the bond required by this
2-27 section. The commission may revoke a special retired peace officer
3-1 commission at any time for cause.
3-2 SECTION 2. Section 1701.356, Occupations Code, is amended to
3-3 read as follows:
3-4 Sec. 1701.356. CERTAIN OFFICERS: REACTIVATION AND
3-5 CONTINUING EDUCATION NOT REQUIRED. An honorably retired
3-6 commissioned officer of the Department of Public Safety who is a
3-7 special ranger under Section 411.023, Government Code, or a retired
3-8 state employee, either of whom [and who] holds a permanent license
3-9 issued before January 1981 and that was current on January 1, 1995,
3-10 or a person who is a special retired peace officer under Section
3-11 1701.317:
3-12 (1) has the same rights and privileges as any other
3-13 peace officer of this state;
3-14 (2) holds, notwithstanding Section 1701.316, an active
3-15 license unless the license is revoked, suspended, or probated by
3-16 the commission for a violation of this chapter; and
3-17 (3) is not subject to Section 1701.351.
3-18 SECTION 3. Subchapter G, Chapter 1701, Occupations Code, is
3-19 amended by adding Section 1701.3085 to read as follows:
3-20 Sec. 1701.3085. WEAPONS PROFICIENCY FOR CERTAIN RETIRED
3-21 PEACE OFFICERS. (a) A state or local law enforcement agency may
3-22 allow a special retired peace officer appointed under Section
3-23 1701.317 or an applicant for appointment as a special retired peace
3-24 officer an opportunity to demonstrate annually weapons proficiency
3-25 as defined by the commission under Section 1701.355.
3-26 (b) A state or local law enforcement agency shall issue a
3-27 certificate of proficiency to a special retired peace officer or an
4-1 applicant for appointment as a special retired peace officer who
4-2 satisfactorily demonstrates weapons proficiency under Subsection
4-3 (a). The agency shall maintain records of a special retired peace
4-4 officer or applicant who holds a certificate issued under this
4-5 section.
4-6 (c) A certificate issued under this section expires on the
4-7 first anniversary of the date the certificate was issued. A
4-8 certificate issued under this section has no effect other than to
4-9 satisfy the weapons proficiency requirement for a special retired
4-10 peace officer under Section 1701.317 or an applicant for
4-11 appointment as a special retired peace officer.
4-12 (d) The commission shall adopt all rules necessary for the
4-13 administration of this section and set fees a state or local law
4-14 enforcement agency may collect to recover the expenses the agency
4-15 incurs in performing duties under this section.
4-16 SECTION 4. Section 1701.316, Occupations Code, is amended by
4-17 adding Subsection (c) to read as follows:
4-18 (c) The commission may not require additional training or
4-19 testing to reactivate the peace officer license of a person holding
4-20 an active commission as a special retired peace officer under
4-21 Section 1701.317.
4-22 SECTION 5. Subchapter B, Chapter 143, Local Government Code,
4-23 is amended by adding Section 143.0225 to read as follows:
4-24 Sec. 143.0225. SPECIAL RETIRED PEACE OFFICERS. (a) A
4-25 person holding an active commission as a special retired peace
4-26 officer under Section 1701.317, Occupations Code, may be appointed
4-27 to a position in a police department on reactivation of the
5-1 person's peace officer's license under Section 1701.316,
5-2 Occupations Code.
5-3 (b) A special retired peace officer appointed to a position
5-4 in a police department under Subsection (a) may be required to take
5-5 physical, mental, or other examinations required under this chapter
5-6 for the position to which the officer is appointed.
5-7 (c) A special retired peace officer who is appointed to an
5-8 entry-level position in a police department under Subsection (a) is
5-9 not required to fulfill basic training requirements under
5-10 Subchapter G, Chapter 1701, Occupations Code, and the maximum age
5-11 requirements of Section 143.023 do not apply to the officer.
5-12 SECTION 6. Section 46.15, Penal Code, is amended by adding
5-13 Subsection (f) to read as follows:
5-14 (f) The provision of Section 46.02 prohibiting the carrying
5-15 of a handgun does not apply to a person who, at the time of the
5-16 commission of the offense, holds a commission as a special retired
5-17 peace officer under Section 1701.317, Occupations Code, and holds
5-18 either a weapons proficiency certificate under Section 1701.3085,
5-19 Occupations Code, or a handgun proficiency certificate under
5-20 Section 411.189, Government Code.
5-21 SECTION 7. Article 2.12, Code of Criminal Procedure, as
5-22 amended by Chapters 90, 322, 882, and 974, Acts of the 76th
5-23 Legislature, Regular Session, 1999, is amended to read as follows:
5-24 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
5-25 officers:
5-26 (1) sheriffs, their deputies, and those reserve
5-27 deputies who hold a permanent peace officer license issued under
6-1 Chapter 1701, Occupations [415, Government] Code;
6-2 (2) constables, deputy constables, and those reserve
6-3 deputy constables who hold a permanent peace officer license issued
6-4 under Chapter 1701, Occupations [415, Government] Code;
6-5 (3) marshals or police officers of an incorporated
6-6 city, town, or village, and those reserve municipal police officers
6-7 who hold a permanent peace officer license issued under Chapter
6-8 1701, Occupations [415, Government] Code;
6-9 (4) rangers and officers commissioned by the Public
6-10 Safety Commission and the Director of the Department of Public
6-11 Safety;
6-12 (5) investigators of the district attorneys', criminal
6-13 district attorneys', and county attorneys' offices;
6-14 (6) law enforcement agents of the Texas Alcoholic
6-15 Beverage Commission;
6-16 (7) each member of an arson investigating unit
6-17 commissioned by a city, a county, or the state;
6-18 (8) officers commissioned under Section 37.081,
6-19 Education Code, or Subchapter E, Chapter 51, Education Code;
6-20 (9) officers commissioned by the General Services
6-21 Commission;
6-22 (10) law enforcement officers commissioned by the
6-23 Parks and Wildlife Commission;
6-24 (11) airport police officers commissioned by a city
6-25 with a population of more than one million, according to the most
6-26 recent federal census, that operates an airport that serves
6-27 commercial air carriers;
7-1 (12) airport security personnel commissioned as peace
7-2 officers by the governing body of any political subdivision of this
7-3 state, other than a city described by Subdivision (11), that
7-4 operates an airport that serves commercial air carriers;
7-5 (13) municipal park and recreational patrolmen and
7-6 security officers;
7-7 (14) security officers commissioned as peace officers
7-8 by the comptroller;
7-9 (15) officers commissioned by a water control and
7-10 improvement district under Section 49.216, Water Code;
7-11 (16) officers commissioned by a board of trustees
7-12 under Section 54.053, Transportation Code [Chapter 341, Acts of the
7-13 57th Legislature, Regular Session, 1961 (Article 1187f, Vernon's
7-14 Texas Civil Statutes)];
7-15 (17) investigators commissioned by the Texas State
7-16 Board of Medical Examiners;
7-17 (18) officers commissioned by the board of managers of
7-18 the Dallas County Hospital District, the Tarrant County Hospital
7-19 District, or the Bexar County Hospital District under Section
7-20 281.057, Health and Safety Code;
7-21 (19) county park rangers commissioned under Subchapter
7-22 E, Chapter 351, Local Government Code;
7-23 (20) investigators employed by the Texas Racing
7-24 Commission;
7-25 (21) officers commissioned by the State Board of
7-26 Pharmacy;
7-27 (22) officers commissioned by the governing body of a
8-1 metropolitan rapid transit authority under Section 451.108,
8-2 Transportation Code, or by a regional transportation authority
8-3 under Section 452.110, Transportation Code;
8-4 (23) investigators commissioned by the attorney
8-5 general under Section 402.009, Government Code;
8-6 (24) security officers and investigators commissioned
8-7 as peace officers under Chapter 466, Government Code;
8-8 (25) an officer employed by the Texas Department of
8-9 Health under Section 431.2471, Health and Safety Code;
8-10 (26) officers appointed by an appellate court under
8-11 Subchapter F, Chapter 53, Government Code;
8-12 (27) officers commissioned by the state fire marshal
8-13 under Chapter 417, Government Code;
8-14 (28) an investigator commissioned by the commissioner
8-15 of insurance under Article 1.10D, Insurance Code;
8-16 (29) apprehension specialists commissioned by the
8-17 Texas Youth Commission as officers under Section 61.0931, Human
8-18 Resources Code; [and]
8-19 (30) officers appointed by the executive director of
8-20 the Texas Department of Criminal Justice under Section 493.019,
8-21 Government Code;[.]
8-22 (31) [(30)] investigators commissioned by the
8-23 Commission on Law Enforcement Officer Standards and Education under
8-24 Section 415.016, Government Code;[.]
8-25 (32) [(30)] board investigators commissioned by the
8-26 Texas Commission on Private Security under Section 10(f), Private
8-27 Investigators and Private Security Agencies Act (Article
9-1 4413(29bb), Vernon's Texas Civil Statutes); and
9-2 (33) special retired peace officers commissioned under
9-3 Section 1701.317, Occupations Code.
9-4 SECTION 8. The Commission on Law Enforcement Officer
9-5 Standards and Education shall adopt the rules necessary under and
9-6 establish the fees required by Section 1701.3085, Occupations Code,
9-7 as added by this Act, not later than January 1, 2002.
9-8 SECTION 9. This Act takes effect September 1, 2001.