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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of reserve peace officers by a fire |
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marshal. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 775, Health and Safety |
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Code, is amended by adding Section 775.1085 to read as follows: |
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Sec. 775.1085. RESERVE PEACE OFFICERS APPOINTED BY DISTRICT |
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FIRE MARSHAL. (a) The district may authorize the fire marshal to |
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appoint reserve peace officers who may be called to serve as peace |
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officers by the fire marshal during the actual discharge of the |
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reserve peace officers' official duties. The district may limit |
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the number of reserve peace officers that the fire marshal may |
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appoint. |
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(b) A reserve peace officer appointed under this section |
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serves at the discretion of the fire marshal and may be called into |
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service if the fire marshal considers it necessary to have |
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additional officers to preserve the peace or enforce the law in the |
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district. |
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(c) The fire marshal may authorize a reserve peace officer |
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appointed under this section who is a peace officer as described by |
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Article 2.12, Code of Criminal Procedure, to carry a weapon or act |
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as a peace officer at all times, regardless of whether the reserve |
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peace officer is engaged in the actual discharge of official |
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duties, or may limit the authority of the reserve peace officer |
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under this section to carry a weapon or act as a peace officer to |
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only those times during which the reserve peace officer is engaged |
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in the actual discharge of the officer's official duties. |
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(d) A reserve peace officer on active duty and actively |
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engaged in assigned duties has the same rights, privileges, and |
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duties as any other peace officer of the district. |
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(e) An organization formed under this section may include |
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both paid and unpaid peace officers and reserve peace officers. |
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SECTION 2. Subchapter B, Chapter 352, Local Government |
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Code, is amended by adding Section 352.0115 to read as follows: |
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Sec. 352.0115. RESERVE PEACE OFFICERS APPOINTED BY COUNTY |
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FIRE MARSHAL. (a) The commissioners court may authorize the county |
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fire marshal to appoint reserve peace officers who may be called to |
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serve as peace officers by the fire marshal during the actual |
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discharge of the reserve peace officers' official duties. The |
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commissioners court may limit the number of reserve peace officers |
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that the fire marshal may appoint. |
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(b) A reserve peace officer appointed under this section |
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serves at the discretion of the fire marshal and may be called into |
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|
service if the fire marshal considers it necessary to have |
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|
additional officers to preserve the peace or enforce the law in the |
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|
county. |
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|
(c) The fire marshal may authorize a reserve peace officer |
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appointed under this section who is a peace officer as described by |
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|
Article 2.12, Code of Criminal Procedure, to carry a weapon or act |
|
|
as a peace officer at all times, regardless of whether the reserve |
|
|
peace officer is engaged in the actual discharge of official |
|
|
duties, or may limit the authority of the reserve peace officer |
|
|
under this section to carry a weapon or act as a peace officer to |
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only those times during which the reserve peace officer is engaged |
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in the actual discharge of the officer's official duties. |
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(d) A reserve peace officer on active duty and actively |
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|
engaged in assigned duties has the same rights, privileges, and |
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duties as any other peace officer of the county. |
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(e) An organization formed under this section may include |
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both paid and unpaid peace officers and reserve peace officers. |
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SECTION 3. 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, 2013. |