By:  Seaman, Herrero                                              H.B. No. 340



A BILL TO BE ENTITLED

AN ACT

relating to the authority of a navigation district to establish a 
volunteer police reserve force and to the state law enforcement 
authority of certain federal peace officers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 60, Water Code, is amended 
by adding Section 60.0775 to read as follows:
	Sec. 60.0775.  POLICE RESERVE FORCE.  (a)  The commission of 
a district that has established a police force may establish a 
volunteer police reserve force.
	(b)  The commission shall establish qualifications and 
training standards for reserve force members.
	(c)  The commission may limit the size of the reserve force.            
	(d)  The chief of the district police force shall appoint 
volunteers to serve as reserve force members.  Members are not 
district employees and serve without pay and at the chief's 
discretion.
	(e)  The chief of police may call the reserve force into 
service at any time the chief considers it necessary to have 
additional officers to preserve the peace and enforce the law.
	(f)  A reserve force member 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 discharge of official duties.
	(g)  The commission must approve an appointment to the 
reserve force before the person appointed may carry a weapon or 
otherwise act as a peace officer.  On approval of the appointment of 
a person who is not a peace officer as described by Article 2.12, 
Code of Criminal Procedure, the person appointed may carry a weapon 
only when authorized to do so by the chief of police and only when 
discharging official duties as a peace officer.  On approval of the 
appointment of a person who is a peace officer as described by 
Article 2.12, Code of Criminal Procedure, the chief of police may:
		(1)  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 discharge of official duties; or
		(2)  limit the person's authority to carry a weapon or 
act as a peace officer to only those times during which the person 
is engaged in the discharge of official duties.
	(h)  Reserve police officers may act only to supplement the 
district's regular police force and may not assume the full-time 
duties of regular police officers without complying with the 
requirements for regular police officers.
	(i)  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:                                    
			(A)  a program provided by the commission that is 
normally considered a financial benefit of full-time employment; or
			(B)  a pension fund created by statute for the 
benefit of full-time paid peace officers; or
		(2)  exempt from Chapter 1702, Occupations Code.                       
	SECTION 2.  Section 1701.001(6), Occupations Code, is 
amended to read as follows:
		(6)  "Reserve law enforcement officer" means a person 
designated as a reserve law enforcement officer under Section 
85.004, 86.012, or 341.012, Local Government Code, or Section 
60.0775, Water Code.
	SECTION 3.  Article 2.122, Code of Criminal Procedure, is 
amended by amending Subsection (a) and adding Subsection (g) to 
read as follows:
	(a)  The following named criminal investigators of the 
United States shall not be deemed peace officers, but shall have the 
powers of arrest, search and seizure as to felony offenses only 
under the laws of the State of Texas:
		(1)  Special Agents of the Federal Bureau of 
Investigation;                 
		(2)  Special Agents of the Secret Service, except as 
provided by Subsection (g);
		(3)  Special Agents of the United States Customs 
Service;                   
		(4)  Special Agents of Alcohol, Tobacco and Firearms;                         
		(5)  Special Agents of Federal Drug Enforcement Agency;                       
		(6)  Inspectors of the United States Postal Service;                          
		(7)  Special Agents of the Criminal Investigation 
Division and Inspectors of the Internal Security Division of the 
Internal Revenue Service;
		(8)  Civilian Special Agents of the United States Naval 
Investigative Service;
		(9)  Marshals and Deputy Marshals of the United States 
Marshals Service;    
		(10)  Special Agents of the United States Immigration 
and Naturalization Service; and
		(11)  Special Agents of the United States Department of 
State, Bureau of Diplomatic Security.
	(g)  Notwithstanding Subsection (a), a Special Agent of the 
Secret Service actively providing protection to or investigating a 
threat against a person as authorized under 18 U.S.C. Section 
3056(a) is not a peace officer under the laws of this state, except 
that the agent has the powers of arrest, search, and seizure as to 
any offense under the laws of this state.
	SECTION 4.  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, 2005.