80R1419 CAE-D
 
  By: Bonnen H.B. No. 702
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a school district to establish a
volunteer reserve police force.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.0811 to read as follows:
       Sec. 37.0811.  RESERVE POLICE FORCE.  (a)  The board of
trustees of a school district that has established a police
department may establish a volunteer reserve police force. The
board shall establish qualifications and standards of training for
members of the reserve force and may limit the size of the reserve
force.
       (b)  The chief of the school district police department shall
appoint volunteers to serve as reserve police force members.
Members are not school district employees and serve without pay and
at the chief's discretion. The chief may call the reserve police
force into service at any time the chief considers it necessary to
have additional officers to preserve the peace and enforce the law.
       (c)  A reserve police 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 actual discharge of official
duties. A reserve force member who is a peace officer under that
article must hold a permanent peace officer license issued under
Chapter 1701, Occupations Code.
       (d)  The board of trustees must approve an appointment to the
reserve police 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 not carry a
weapon. 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 the school district police department 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.
       (e)  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 peace officers.
       (f)  A reserve police officer, regardless of whether the
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 board of trustees
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, unless
the reserve police officer is exempt from Chapter 1702 without
regard to the officer's membership in the reserve police force.
       (g)  After being appointed under this section, a reserve
police officer must take and file the oath required of peace
officers and shall execute and file a bond in the amount of $1,000,
payable to the board of trustees, with two or more sureties,
conditioned that the reserve police officer will fairly,
impartially, and faithfully perform all the duties that may be
required of the officer by law. The bond may be sued on in the name
of any injured person until the whole amount of the bond is
recovered. The reserve police officer may not perform any duties
under this section until the officer files the oath and bond with
the board of trustees.
       SECTION 2.  Article 2.12, Code of Criminal Procedure, is
amended to read as follows:
       Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
officers:
             (1)  sheriffs, their deputies, and those reserve
deputies who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;
             (2)  constables, deputy constables, and those reserve
deputy constables who hold a permanent peace officer license issued
under Chapter 1701, Occupations Code;
             (3)  marshals or police officers of an incorporated
city, town, or village, and those reserve municipal police officers
who hold a permanent peace officer license issued under Chapter
1701, Occupations Code;
             (4)  rangers and officers commissioned by the Public
Safety Commission and the Director of the Department of Public
Safety;
             (5)  investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
             (6)  law enforcement agents of the Texas Alcoholic
Beverage Commission;
             (7)  each member of an arson investigating unit
commissioned by a city, a county, or the state;
             (8)  officers commissioned under Section 37.081,
Education Code, or Subchapter E, Chapter 51, Education Code, and
reserve police officers appointed under Section 37.0811, Education
Code, who hold a permanent peace officer license issued under
Chapter 1701, Occupation Code;
             (9)  officers commissioned by the Texas Building and
Procurement [General Services] Commission;
             (10)  law enforcement officers commissioned by the
Parks and Wildlife Commission;
             (11)  airport police officers commissioned by a city
with a population of more than 1.18 million that operates an airport
that serves commercial air carriers;
             (12)  airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that
operates an airport that serves commercial air carriers;
             (13)  municipal park and recreational patrolmen and
security officers;
             (14)  security officers and investigators commissioned
as peace officers by the comptroller;
             (15)  officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
             (16)  officers commissioned by a board of trustees
under Chapter 54, Transportation Code;
             (17)  investigators commissioned by the Texas Medical 
[State] Board [of Medical Examiners];
             (18)  officers commissioned by the board of managers of
the Dallas County Hospital District, the Tarrant County Hospital
District, or the Bexar County Hospital District under Section
281.057, Health and Safety Code;
             (19)  county park rangers commissioned under
Subchapter E, Chapter 351, Local Government Code;
             (20)  investigators employed by the Texas Racing
Commission;
             (21)  officers commissioned under Chapter 554,
Occupations Code;
             (22)  officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority
under Section 452.110, Transportation Code;
             (23)  investigators commissioned by the attorney
general under Section 402.009, Government Code;
             (24)  security officers and investigators commissioned
as peace officers under Chapter 466, Government Code;
             (25)  an officer employed by the [Texas] Department of
State Health Services under Section 431.2471, Health and Safety
Code;
             (26)  officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
             (27)  officers commissioned by the state fire marshal
under Chapter 417, Government Code;
             (28)  an investigator commissioned by the commissioner
of insurance under Section 701.104 [Article 1.10D], Insurance Code;
             (29)  apprehension specialists commissioned by the
Texas Youth Commission as officers under Section 61.0931, Human
Resources Code;
             (30)  officers appointed by the executive director of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
             (31)  investigators commissioned by the Commission on
Law Enforcement Officer Standards and Education under Section
1701.160, Occupations Code;
             (32)  commission investigators commissioned by the
Texas [Commission on] Private Security Board under Section
1702.061(f), Occupations Code;
             (33)  the fire marshal and any officers, inspectors, or
investigators commissioned by an emergency services district under
Chapter 775, Health and Safety Code; and
             (34)  officers commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section.
       SECTION 3.  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, Section 37.0811,
Education Code, or Section 60.0775, Water Code.
       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, 2007.