By Hawley, et al.                                      H.B. No. 232
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the exemption of certain reserve peace officers from
 1-3     regulation 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 has full-time employment as a peace
1-10     officer and who receives compensation for private employment on an
1-11     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;
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 reserve peace officer for a county or for a
 2-3     department, precinct, or political subdivision of a county if the
 2-4     county has a population of less than 20,000, while the reserve
 2-5     officer is performing duties at an event or function sponsored or
 2-6     sanctioned by a political subdivision, school, or nonprofit
 2-7     organization in a county with a population of less than 20,000;
 2-8                 (4)  a peace officer acting in an official capacity in
 2-9     responding to a burglar alarm or detection device; or
2-10                 (5) [(4)]  a person engaged in the business of
2-11     electronic monitoring of an individual as a condition of that
2-12     individual's community supervision, parole, mandatory supervision,
2-13     or release on bail, if the person does not perform any other
2-14     service that requires a license under this chapter.
2-15           SECTION 2.  (a)  In accordance with Section 311.031(c),
2-16     Government Code, which gives effect to a substantive amendment
2-17     enacted by the same legislature that codifies the amended statute,
2-18     the text of Section 1702.322, Occupations Code, as set out in this
2-19     Act, gives effect to changes made by Section 3, Chapter 974, Acts
2-20     of the 76th Legislature, Regular Session, 1999.
2-21           (b)  To the extent of any conflict, this Act prevails over
2-22     another Act of the 77th Legislature, Regular Session, 2001,
2-23     relating to nonsubstantive additions to and corrections in enacted
2-24     codes.
2-25           SECTION 3.  This Act takes effect September 1, 2001.