|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to complaints against peace officers. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 614.001, Local Government Code is |
|
amended to read as follows: |
|
Sec. 614.001. DEFINITIONS. In this subchapter: |
|
(1) "Employer" means the governmental entity or |
|
private institution as defined by Sec. 51 Education Code that |
|
employs or appoints a peace officer or fire fighter or that the |
|
peace officer or fire fighter is elected to serve. |
|
(2) "Fire fighter" means a member of a fire department |
|
who performs a function listed in Section 143.003(4), Local |
|
Government Code, without regard to whether the individual is |
|
subject to a civil service system or program. |
|
(3) "Peace officer" means an individual elected, |
|
appointed, or employed to serve as a peace officer for a |
|
governmental entity or private institution as defined by Sec. 51 |
|
Education Code, under Article 2.12, Code of Criminal Procedure, or |
|
other law. |
|
Sec. 614.002. APPLICABILITY OF SUBCHAPTER. This subchapter |
|
applies only to a peace officer or fire fighter employed by: |
|
(1) the state; |
|
(2) a municipality with a population of 50,000 or |
|
more; or |
|
(3) a county with a population of 190,000 or more; or |
|
(4) a private institution as defined by Sec. 51 |
|
Education code; or; |
|
(5) airport security personnel commissioned as peace |
|
officers by the governing body of any political subdivision of this |
|
state; or |
|
(6) 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. |
|
Sec. 614.021. APPLICABILITY OF SUBCHAPTER. (a) Except as |
|
provided by Subsection (b), this subchapter applies only to a |
|
complaint against: |
|
(1) a law enforcement officer of the State of Texas, |
|
including an officer of the Department of Public Safety or of the |
|
Texas Alcoholic Beverage Commission; |
|
(2) a fire fighter who is employed by this state or a |
|
political subdivision of this state; |
|
(3) a peace officer under Article 2.12, Code of |
|
Criminal Procedure, or other law who is appointed or employed by a |
|
political subdivision of this state, or private institution as |
|
defined by Sec. 51 Education Code; or |
|
(4) a detention officer or county jailer who is |
|
appointed or employed by a political subdivision of this state. |
|
(b) This subchapter does not apply to a peace officer or |
|
fire fighter appointed or employed by a political subdivision that |
|
is covered by a meet and confer or collective bargaining agreement |
|
under Chapter 143 or 174, Local Government Code, if that agreement |
|
includes provisions relating to the investigation of, and |
|
disciplinary action resulting from, a complaint against a peace |
|
officer or fire fighter, as applicable. |
|
Sec. 51.203. CAMPUS PEACE OFFICERS. (a) The governing |
|
boards of each state institution of higher education and public |
|
technical institute may employ and commission peace officers, as |
|
defined by Article 2.12 Code of Criminal Procedure, for the purpose |
|
of carrying out the provisions of this subchapter. The primary |
|
jurisdiction of a peace officer commissioned under this section |
|
includes all counties in which property is owned, leased, rented, |
|
or otherwise under the control of the institution of higher |
|
education or public technical institute that employs the peace |
|
officer. |
|
(b) Within a peace officer's primary jurisdiction, a peace |
|
officer commissioned under this section: |
|
(1) is vested with all the powers, privileges, and |
|
immunities of peace officers; |
|
(2) may, in accordance with Chapter 14, Code of |
|
Criminal Procedure, arrest without a warrant any person who |
|
violates a law of the state; and |
|
(3) may enforce all traffic laws on streets and |
|
highways. |
|
( |
|
c) Outside a peace officer's primary jurisdiction a peace |
|
officer commissioned under this section is vested with all the |
|
powers, privileges, and immunities of peace officers and may arrest |
|
any person who violates any law of the state if the peace officer: |
|
(1) is summoned by another law enforcement agency to |
|
provide assistance; |
|
(2) is assisting another law enforcement agency; or |
|
(3) is otherwise performing his duties as a peace |
|
officer for the institution of higher education or public technical |
|
institute that employs the peace officer. |
|
(d) Any officer assigned to duty and commissioned shall take |
|
and file the oath required of peace officers. |
|
(e) Any person commissioned under this Act must be a |
|
certified police officer under the requirements of the Texas |
|
Commission on Law Enforcement Officers and Standards. |
|
Sec. 51.212. PEACE OFFICERS AT PRIVATE INSTITUTIONS. |
|
(a) The governing boards of private institutions of higher |
|
education, including private junior colleges, are authorized to |
|
employ and commission peace officers as defined by Article 2.12 |
|
Code of Criminal Procedure for the purpose of enforcing: |
|
(1) state law on the campuses of private institutions |
|
of higher education; and |
|
(2) state and local law, including applicable |
|
municipal ordinances, at other locations, as permitted by |
|
Subsection (b) or Section 51.2125. |
|
(b) Any officer commissioned under the provisions of this |
|
section is vested with all the powers, privileges, and immunities |
|
of peace officers if the officer: |
|
(1) is on the property under the control and |
|
jurisdiction of the respective private institution of higher |
|
education or is otherwise performing duties assigned to the officer |
|
by the institution, regardless of whether the officer is on |
|
property under the control and jurisdiction of the institution, but |
|
provided these duties are consistent with the educational mission |
|
of the institution and are being performed within a county in which |
|
the institution has land; or |
|
(2) to the extent authorized by Section 51.2125, is: |
|
(A) requested by another law enforcement agency |
|
to provide assistance in enforcing state or local law, including a |
|
municipal ordinance, and is acting in response to that request; or; |
|
(B) Otherwise assisting another law enforcement |
|
agency in enforcing a law described by Paragraph (A). |
|
(d) The governing boards of private institutions of higher |
|
education are authorized to hire and pay on a regular basis peace |
|
officers commissioned by an incorporated city. The officers shall |
|
be under the supervision of the hiring institution, but shall be |
|
subject to dismissal and disciplinary action by the city. An |
|
incorporated city is authorized to contract with a private |
|
institution of higher education for the use and employment of its |
|
commissioned officers in any manner agreed to, provided that there |
|
is no expense incurred by the city. |
|
(e) In this section, "private institution of higher |
|
education" means a private or independent institution of higher |
|
education as defined by Section 61.003. |
|
SECTION 2. This Act takes effect September 1, 2013. |