78R1726 YDB-D
By: Noriega H.B. No. 1041
A BILL TO BE ENTITLED
AN ACT
relating to a peace officer employed in the field of private
security.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1702.322, Occupations Code, is amended
to read as follows:
Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter does
not apply to:
(1) [a person who has full-time employment as] a peace
officer [and] who receives compensation for private employment on
an individual or an independent contractor basis as a patrolman,
guard, extra job coordinator, or watchman if the officer:
(A) is employed in an employee-employer
relationship or employed on an individual contractual basis;
(B) is not in the employ of another peace
officer; and
(C) [is not a reserve peace officer; and
[(D) works as a peace officer on the average of at
least 32 hours a week,] is employed [compensated] by the state or a
political subdivision of the state as [at least at the minimum wage,
and is entitled to all employee benefits offered to] a peace officer
[by the state or political subdivision];
(2) [a reserve peace officer while the reserve officer
is performing guard, patrolman, or watchman duties for a county and
is being compensated solely by that county;
[(3)] a peace officer acting in an official capacity in
responding to a burglar alarm or detection device; or
(3) [(4)] a person engaged in the business of electronic
monitoring of an individual as a condition of that individual's
community supervision, parole, mandatory supervision, or release
on bail, if the person does not perform any other service that
requires a license under this chapter.
SECTION 2. Section 85.004(b), Local Government Code, is
amended to read as follows:
(b) A reserve deputy serves at the discretion of the sheriff
and may be called into service if the sheriff considers it necessary
to have additional officers to preserve the peace and enforce the
law. The sheriff may authorize a reserve deputy who is a peace
officer as described by Article 2.12, Code of Criminal Procedure,
to carry a weapon or act as a peace officer at all times, regardless
of whether the reserve deputy is engaged in the actual discharge of
official duties, or may limit the authority of the reserve deputy to
carry a weapon or act as a peace officer to only those times during
which the reserve deputy is engaged in the actual discharge of
official duties. A reserve deputy who is not a peace officer as
described by Article 2.12, Code of Criminal Procedure, may act as a
peace officer only during the actual discharge of official duties.
A reserve deputy, regardless of whether the reserve deputy is a
peace officer as described by Article 2.12, Code of Criminal
Procedure, is not[:
[(1)] eligible for participation in any program
provided by the county that is normally considered a financial
benefit of full-time employment or for any pension fund created by
statute for the benefit of full-time paid peace officers[; or
[(2) exempt from Chapter 1702, Occupations Code].
SECTION 3. Section 86.012(b), Local Government Code, is
amended to read as follows:
(b) A reserve deputy constable serves at the discretion of
the constable and may be called into service at any time that the
constable considers it necessary to have additional officers to
preserve the peace and enforce the law. The constable may authorize
a reserve deputy constable who is a peace officer as described by
Article 2.12, Code of Criminal Procedure, to carry a weapon or act
as a peace officer at all times, regardless of whether the reserve
deputy constable is engaged in the actual discharge of official
duties, or may limit the authority of the reserve deputy constable
to carry a weapon or act as a peace officer to only those times
during which the reserve deputy constable is engaged in the actual
discharge of official duties. A reserve deputy constable who is not
a peace officer as described by Article 2.12, Code of Criminal
Procedure, may act as a peace officer only during the actual
discharge of official duties. A reserve deputy constable,
regardless of whether the reserve deputy constable is a peace
officer as described by Article 2.12, Code of Criminal Procedure,
is not[:
[(1)] eligible for participation in any program
provided by the county that is normally considered a financial
benefit of full-time employment or for any pension fund created by
statute for the benefit of full-time paid peace officers[; or
[(2) exempt from Chapter 1702, Occupations Code].
SECTION 4. Section 341.012(h), Local Government Code, is
amended to read as follows:
(h) Reserve police officers may act only in a supplementary
capacity to the regular police force and may not assume the
full-time duties of regular police officers without complying with
the requirements for regular police officers. On approval of the
appointment of a member who is a peace officer as described by
Article 2.12, Code of Criminal Procedure, the chief of police may
authorize the person appointed to carry a weapon or act as a peace
officer at all times, regardless of whether the person is engaged in
the actual discharge of official duties, or may limit the authority
of the person to carry a weapon or act as a peace officer to only
those times during which the person is engaged in the actual
discharge of official duties. A reserve police officer, regardless
of whether the reserve police officer is a peace officer as
described by Article 2.12, Code of Criminal Procedure, is not[:
[(1)] eligible for participation in any program
provided by the governing body that is normally considered a
financial benefit of full-time employment or for any pension fund
created by statute for the benefit of full-time paid peace
officers[; or
[(2) exempt from Chapter 1702, Occupations Code].
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.