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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a school district to establish a |
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volunteer reserve police force. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 37, Education Code, is |
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amended by adding Section 37.0811 to read as follows: |
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Sec. 37.0811. RESERVE POLICE FORCE. (a) The board of |
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trustees of a school district that has established a police |
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department may establish a volunteer reserve police force. The |
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board shall establish qualifications and standards of training for |
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members of the reserve force and may limit the size of the reserve |
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force. |
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(b) The chief of the school district police department shall |
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appoint volunteers to serve as reserve police force members. |
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Members are not school district employees and serve without pay and |
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at the chief's discretion. The chief may call the reserve police |
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force into service at any time the chief considers it necessary to |
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have additional officers to preserve the peace and enforce the law. |
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(c) A reserve police force member who is not a peace officer |
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as described by Article 2.12, Code of Criminal Procedure, may act as |
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a peace officer only during the actual discharge of official |
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duties. A reserve force member who is a peace officer under that |
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article must hold a permanent peace officer license issued under |
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Chapter 1701, Occupations Code. |
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(d) The board of trustees must approve an appointment to the |
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reserve police force before the person appointed may carry a weapon |
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or otherwise act as a peace officer. On approval of the appointment |
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of a person who is not a peace officer as described by Article 2.12, |
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Code of Criminal Procedure, the person appointed may not carry a |
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weapon. On approval of the appointment of a person who is a peace |
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officer as described by Article 2.12, Code of Criminal Procedure, |
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the chief of the school district police department may: |
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(1) authorize the person appointed to carry a weapon |
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or act as a peace officer at all times, regardless of whether the |
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person is engaged in the discharge of official duties; or |
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(2) limit the person's authority to carry a weapon or |
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act as a peace officer to only those times during which the person |
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is engaged in the discharge of official duties. |
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(e) Reserve police officers may act only to supplement the |
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district's regular police force and may not assume the full-time |
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duties of regular police officers without complying with the |
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requirements for regular peace officers. |
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(f) A reserve police officer, regardless of whether the |
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officer is a peace officer as described by Article 2.12, Code of |
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Criminal Procedure, is not: |
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(1) eligible for participation in: |
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(A) a program provided by the board of trustees |
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that is normally considered a financial benefit of full-time |
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employment; or |
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(B) a pension fund created by statute for the |
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benefit of full-time paid peace officers; or |
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(2) exempt from Chapter 1702, Occupations Code, unless |
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the reserve police officer is exempt from Chapter 1702 without |
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regard to the officer's membership in the reserve police force. |
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(g) After being appointed under this section, a reserve |
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police officer must take and file the oath required of peace |
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officers and shall execute and file a bond in the amount of $1,000, |
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payable to the board of trustees, with two or more sureties, |
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conditioned that the reserve police officer will fairly, |
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impartially, and faithfully perform all the duties that may be |
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required of the officer by law. The bond may be sued on in the name |
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of any injured person until the whole amount of the bond is |
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recovered. The reserve police officer may not perform any duties |
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under this section until the officer files the oath and bond with |
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the board of trustees. |
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SECTION 2. Article 2.12, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace |
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officers: |
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(1) sheriffs, their deputies, and those reserve |
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deputies who hold a permanent peace officer license issued under |
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Chapter 1701, Occupations Code; |
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(2) constables, deputy constables, and those reserve |
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deputy constables who hold a permanent peace officer license issued |
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under Chapter 1701, Occupations Code; |
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(3) marshals or police officers of an incorporated |
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city, town, or village, and those reserve municipal police officers |
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who hold a permanent peace officer license issued under Chapter |
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1701, Occupations Code; |
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(4) rangers and officers commissioned by the Public |
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Safety Commission and the Director of the Department of Public |
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Safety; |
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(5) investigators of the district attorneys', criminal |
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district attorneys', and county attorneys' offices; |
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(6) law enforcement agents of the Texas Alcoholic |
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Beverage Commission; |
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(7) each member of an arson investigating unit |
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commissioned by a city, a county, or the state; |
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(8) officers commissioned under Section 37.081, |
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Education Code, or Subchapter E, Chapter 51, Education Code, and |
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reserve police officers appointed under Section 37.0811, Education |
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Code, who hold a permanent peace officer license issued under |
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Chapter 1701, Occupation Code; |
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(9) officers commissioned by the Texas Building and |
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Procurement [General Services] Commission; |
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(10) law enforcement officers commissioned by the |
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Parks and Wildlife Commission; |
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(11) airport police officers commissioned by a city |
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with a population of more than 1.18 million that operates an airport |
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that serves commercial air carriers; |
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(12) airport security personnel commissioned as peace |
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officers by the governing body of any political subdivision of this |
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state, other than a city described by Subdivision (11), that |
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operates an airport that serves commercial air carriers; |
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(13) municipal park and recreational patrolmen and |
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security officers; |
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(14) security officers and investigators commissioned |
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as peace officers by the comptroller; |
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(15) officers commissioned by a water control and |
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improvement district under Section 49.216, Water Code; |
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(16) officers commissioned by a board of trustees |
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under Chapter 54, Transportation Code; |
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(17) investigators commissioned by the Texas Medical |
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[State] Board [of Medical Examiners]; |
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(18) officers commissioned by the board of managers of |
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the Dallas County Hospital District, the Tarrant County Hospital |
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District, or the Bexar County Hospital District under Section |
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281.057, Health and Safety Code; |
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(19) county park rangers commissioned under |
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Subchapter E, Chapter 351, Local Government Code; |
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(20) investigators employed by the Texas Racing |
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Commission; |
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(21) officers commissioned under Chapter 554, |
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Occupations Code; |
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(22) officers commissioned by the governing body of a |
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metropolitan rapid transit authority under Section 451.108, |
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Transportation Code, or by a regional transportation authority |
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under Section 452.110, Transportation Code; |
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(23) investigators commissioned by the attorney |
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general under Section 402.009, Government Code; |
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(24) security officers and investigators commissioned |
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as peace officers under Chapter 466, Government Code; |
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(25) an officer employed by the [Texas] Department of |
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State Health Services under Section 431.2471, Health and Safety |
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Code; |
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(26) officers appointed by an appellate court under |
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Subchapter F, Chapter 53, Government Code; |
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(27) officers commissioned by the state fire marshal |
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under Chapter 417, Government Code; |
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(28) an investigator commissioned by the commissioner |
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of insurance under Section 701.104 [Article 1.10D], Insurance Code; |
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(29) apprehension specialists commissioned by the |
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Texas Youth Commission as officers under Section 61.0931, Human |
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Resources Code; |
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(30) officers appointed by the executive director of |
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the Texas Department of Criminal Justice under Section 493.019, |
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Government Code; |
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(31) investigators commissioned by the Commission on |
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Law Enforcement Officer Standards and Education under Section |
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1701.160, Occupations Code; |
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(32) commission investigators commissioned by the |
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Texas [Commission on] Private Security Board under Section |
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1702.061(f), Occupations Code; |
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(33) the fire marshal and any officers, inspectors, or |
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investigators commissioned by an emergency services district under |
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Chapter 775, Health and Safety Code; and |
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(34) officers commissioned by the State Board of |
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Dental Examiners under Section 254.013, Occupations Code, subject |
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to the limitations imposed by that section. |
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SECTION 3. Section 1701.001(6), Occupations Code, is |
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amended to read as follows: |
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(6) "Reserve law enforcement officer" means a person |
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designated as a reserve law enforcement officer under Section |
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85.004, 86.012, or 341.012, Local Government Code, Section 37.0811, |
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Education Code, or Section 60.0775, Water Code. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |