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A BILL TO BE ENTITLED
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AN ACT
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relating to exemption from application of the Private Security Act |
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of certain peace officers employed by a law enforcement agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1702.322, Occupations Code, is amended |
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to read as follows: |
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Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter |
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does not apply to: |
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(1) a person who is a chief of police, sheriff, |
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constable, or other chief administrator of a law enforcement agency |
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in this state or is employed by the chief administrator of a law |
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enforcement agency [has full-time employment] as a peace officer, |
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as defined by Section 1701.001, in accordance with the licensing |
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requirements provided for by the rules of the Commission on Law |
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Enforcement Officer Standards and Education and who receives |
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compensation for private employment on an individual or an |
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independent contractor basis as a patrolman, guard, extra job |
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coordinator, or watchman if [the officer]: |
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(A) the peace officer is employed by the private |
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employer in an employee-employer relationship or [employed] on an |
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individual contractual basis: |
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(i) directly by the recipient of the |
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services; or |
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(ii) by a company licensed under this |
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chapter; |
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(B) the private employment does not require the |
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peace officer to be [is not] in the employ of another peace officer; |
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(C) the peace officer is not a reserve peace |
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officer; and |
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(D) the peace officer works for the law |
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enforcement agency by which the officer is employed [as a peace
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officer] on the average of at least 32 hours a week, is compensated |
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by the state or a political subdivision of the state at least at the |
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minimum wage, and is entitled to all employee benefits offered to a |
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peace officer by the state or political subdivision; |
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(2) a reserve peace officer while the reserve officer |
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is performing guard, patrolman, or watchman duties for a county and |
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is being compensated solely by that county; |
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(3) a peace officer acting in an official capacity in |
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responding to a burglar alarm or detection device; or |
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(4) a person engaged in the business of electronic |
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monitoring of an individual as a condition of that individual's |
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community supervision, parole, mandatory supervision, or release |
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on bail, if the person does not perform any other service that |
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requires a license under this chapter. |
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SECTION 2. This Act takes effect September 1, 2013. |