By Longoria                                            H.B. No. 207
         77R960 GJH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the exemption of certain peace officers from regulation
 1-3     under the Private Security Act.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 1702.322, Occupations Code, is amended to
 1-6     read as follows:
 1-7           Sec. 1702.322.  LAW ENFORCEMENT PERSONNEL. This chapter does
 1-8     not apply to:
 1-9                 (1)  a person who is [has full-time employment as] a
1-10     peace officer and who receives compensation for private employment
1-11     on an individual or an independent contractor basis as a patrolman,
1-12     guard, extra job coordinator, or watchman if the officer:
1-13                       (A)  is employed in an employee-employer
1-14     relationship or employed on an individual contractual basis; and
1-15                       (B)  is not in the employ of another peace
1-16     officer;
1-17                       [(C)  is not a reserve peace officer; and]
1-18                       [(D)  works as a peace officer on the average of
1-19     at least 32 hours a week, is compensated by the state or a
1-20     political subdivision of the state at least at the minimum wage,
1-21     and is entitled to all employee benefits offered to a peace officer
1-22     by the state or political subdivision;]
1-23                 (2)  a reserve peace officer while the reserve officer
1-24     is performing guard, patrolman, or watchman duties for a county and
 2-1     is being compensated solely by that county;
 2-2                 (3)  a peace officer acting in an official capacity in
 2-3     responding to a burglar alarm or detection device; or
 2-4                 (4)  a person engaged in the business of electronic
 2-5     monitoring of an individual as a condition of that individual's
 2-6     community supervision, parole, mandatory supervision, or release on
 2-7     bail, if the person does not perform any other service that
 2-8     requires a license under this chapter.
 2-9           SECTION 2. (a)  In accordance with Section 311.031(c),
2-10     Government Code, which gives effect to a substantive amendment
2-11     enacted by the same legislature that codifies the amended statute,
2-12     the text of Section 1702.322, Occupations Code, as set out in this
2-13     Act, gives effect to changes made by Section 3, Chapter 974, Acts
2-14     of the 76th Legislature, Regular Session, 1999.
2-15           (b)  To the extent of any conflict, this Act prevails over
2-16     another Act of the 77th Legislature, Regular Session, 2001,
2-17     relating to nonsubstantive additions and corrections in enacted
2-18     codes.
2-19           SECTION 3. This Act takes effect immediately if it receives a
2-20     vote of two-thirds of all the members elected to each house, as
2-21     provided by Section 39, Article III, Texas Constitution.  If this
2-22     Act does not receive the vote necessary for immediate effect, this
2-23     Act takes effect September 1, 2001.