79R1405 QS-F
By: Seaman 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.
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. 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.