| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the registration of peace officers as private security |
|
|
officers. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 1702.322, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter |
|
|
does not apply to: |
|
|
(1) a person who is a chief of police, sheriff, |
|
|
constable, or other chief administrator of a law enforcement agency |
|
|
in this state or is appointed or employed by the chief administrator |
|
|
of a law enforcement agency [has full-time employment] as a peace |
|
|
officer, as defined by Section 1701.001, in accordance with the |
|
|
licensing requirements provided for by the rules of the Commission |
|
|
on Law Enforcement Officer Standards and Education and who receives |
|
|
compensation for private employment on an individual or an |
|
|
independent contractor basis as a patrolman, guard, extra job |
|
|
coordinator, or watchman if [the officer]: |
|
|
(A) the peace officer is employed by the private |
|
|
employer in an employee-employer relationship or [employed] on an |
|
|
individual contractual basis: |
|
|
(i) directly by the recipient of the |
|
|
services; or |
|
|
(ii) by a company licensed under this |
|
|
chapter; |
|
|
(B) the private employment does not require the |
|
|
peace officer to be [is not] in the employ of another peace officer; |
|
|
(C) the peace officer is not a reserve peace |
|
|
officer; and |
|
|
(D) the peace officer works for the law |
|
|
enforcement agency that appointed or employs the [as a] peace |
|
|
officer on the average of at least 32 hours a week, is compensated |
|
|
by the state or a political subdivision of the state at least at the |
|
|
minimum wage, and is entitled to all employee benefits offered to a |
|
|
peace officer by the state or political subdivision; |
|
|
(2) a reserve peace officer while the reserve officer |
|
|
is performing guard, patrolman, or watchman duties for a county and |
|
|
is being compensated solely by that county; |
|
|
(3) a peace officer acting in an official capacity in |
|
|
responding to a burglar alarm or detection device; or |
|
|
(4) a person engaged in the business of electronic |
|
|
monitoring of an individual as a condition of that individual's |
|
|
community supervision, parole, mandatory supervision, or release |
|
|
on bail, if the person does not perform any other service that |
|
|
requires a license under this chapter. |
|
|
SECTION 2. 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, 2011. |