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A BILL TO BE ENTITLED
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AN ACT
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relating to the public safety director's appointment of reserve law |
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enforcement officers for the Department of Public Safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.0065 to read as follows: |
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Sec. 411.0065. RESERVE OFFICERS. (a) The director may |
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appoint reserve law enforcement officers for the department. The |
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commission may limit the number of reserve officers that may be |
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appointed. |
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(b) A reserve officer serves at the discretion of the |
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director and may be called into service if the director considers it |
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necessary to have additional officers to preserve the peace and |
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enforce law. |
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(c) The director may: |
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(1) authorize a reserve officer who is a peace officer |
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as described by Article 2.12, Code of Criminal Procedure, to carry a |
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weapon or act as a peace officer at all times, regardless of whether |
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the reserve officer is engaged in the actual discharge of official |
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duties; or |
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(2) limit the authority of the reserve officer to |
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carry a weapon or act as a peace officer to only those times during |
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which the reserve officer is engaged in the actual discharge of |
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official duties. |
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(d) A reserve officer is not: |
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(1) eligible for participation in any program provided |
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by the department that is normally considered a financial benefit |
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of full-time employment or for any pension fund created by statute |
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for the benefit of full-time paid peace officers; or |
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(2) exempt from Chapter 1702, Occupations Code. |
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(e) A reserve officer, before beginning to perform the |
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duties of office and at the time of appointment, must file an oath |
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and execute and file a bond in the amount of $2,000 payable to the |
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department. |
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(f) A reserve officer on active duty at the call of the |
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director and actively engaged in assigned duties has the same |
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rights, privileges, and duties as any other peace officer of this |
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state. |
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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 and reserve officers appointed by the director who hold a |
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permanent peace officer license issued under Chapter 1701, |
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Occupations Code; |
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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; |
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(9) officers commissioned by the General Services |
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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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Board; |
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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 Department of State |
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Health Services under Section 431.2471, Health and Safety 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, Insurance Code; |
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(29) apprehension specialists and inspectors general |
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commissioned by the Texas Youth Commission as officers under |
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Sections 61.0451 and 61.0931, Human Resources Code; |
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(30) officers appointed by the inspector general 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 Private Security Board under Section 1702.061(f), |
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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; |
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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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(35) investigators commissioned by the Texas Juvenile |
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Probation Commission as officers under Section 141.055, Human |
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Resources Code; and |
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(36) the fire marshal and any related officers, |
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inspectors, or investigators commissioned by a county under |
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Subchapter B, Chapter 352, Local Government Code. |
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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: |
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(A) Section 411.0065, Government Code; |
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(B) Section 85.004, 86.012, or 341.012, Local |
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Government Code;[,] or |
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(C) Section 60.0775, Water Code. |
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SECTION 4. This Act takes effect September 1, 2011. |