85R6639 TJB-F
 
  By: Neave H.B. No. 1969
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of a municipal marshal reserve force.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 2.12, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
  officers:
               (1)  sheriffs, their deputies, and those reserve
  deputies who hold a permanent peace officer license issued under
  Chapter 1701, Occupations Code;
               (2)  constables, deputy constables, and those reserve
  deputy constables who hold a permanent peace officer license issued
  under Chapter 1701, Occupations Code;
               (3)  marshals or police officers of an incorporated
  city, town, or village, and those reserve municipal deputy marshals
  or reserve municipal police officers who hold a permanent peace
  officer license issued under Chapter 1701, Occupations Code;
               (4)  rangers, officers, and members of the reserve
  officer corps commissioned by the Public Safety Commission and the
  Director of the Department of Public Safety;
               (5)  investigators of the district attorneys', criminal
  district attorneys', and county attorneys' offices;
               (6)  law enforcement agents of the Texas Alcoholic
  Beverage Commission;
               (7)  each member of an arson investigating unit
  commissioned by a city, a county, or the state;
               (8)  officers commissioned under Section 37.081,
  Education Code, or Subchapter E, Chapter 51, Education Code;
               (9)  officers commissioned by the General Services
  Commission;
               (10)  law enforcement officers commissioned by the
  Parks and Wildlife Commission;
               (11)  airport police officers commissioned by a city
  with a population of more than 1.18 million located primarily in a
  county with a population of 2 million or more that operates an
  airport that serves commercial air carriers;
               (12)  airport security personnel commissioned as peace
  officers by the governing body of any political subdivision of this
  state, other than a city described by Subdivision (11), that
  operates an airport that serves commercial air carriers;
               (13)  municipal park and recreational patrolmen and
  security officers;
               (14)  security officers and investigators commissioned
  as peace officers by the comptroller;
               (15)  officers commissioned by a water control and
  improvement district under Section 49.216, Water Code;
               (16)  officers commissioned by a board of trustees
  under Chapter 54, Transportation Code;
               (17)  investigators commissioned by the Texas Medical
  Board;
               (18)  officers commissioned by:
                     (A)  the board of managers of the Dallas County
  Hospital District, the Tarrant County Hospital District, the Bexar
  County Hospital District, or the El Paso County Hospital District
  under Section 281.057, Health and Safety Code;
                     (B)  the board of directors of the Ector County
  Hospital District under Section 1024.117, Special District Local
  Laws Code; and
                     (C)  the board of directors of the Midland County
  Hospital District of Midland County, Texas, under Section 1061.121,
  Special District Local Laws Code;
               (19)  county park rangers commissioned under
  Subchapter E, Chapter 351, Local Government Code;
               (20)  investigators employed by the Texas Racing
  Commission;
               (21)  officers commissioned under Chapter 554,
  Occupations Code;
               (22)  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;
               (23)  investigators commissioned by the attorney
  general under Section 402.009, Government Code;
               (24)  security officers and investigators commissioned
  as peace officers under Chapter 466, Government Code;
               (25)  officers appointed by an appellate court under
  Subchapter F, Chapter 53, Government Code;
               (26)  officers commissioned by the state fire marshal
  under Chapter 417, Government Code;
               (27)  an investigator commissioned by the commissioner
  of insurance under Section 701.104, Insurance Code;
               (28)  apprehension specialists and inspectors general
  commissioned by the Texas Juvenile Justice Department as officers
  under Sections 242.102 and 243.052, Human Resources Code;
               (29)  officers appointed by the inspector general of
  the Texas Department of Criminal Justice under Section 493.019,
  Government Code;
               (30)  investigators commissioned by the Texas
  Commission on Law Enforcement under Section 1701.160, Occupations
  Code;
               (31)  commission investigators commissioned by the
  Texas Private Security Board under Section 1702.061, Occupations
  Code;
               (32)  the fire marshal and any officers, inspectors, or
  investigators commissioned by an emergency services district under
  Chapter 775, Health and Safety Code;
               (33)  officers commissioned by the State Board of
  Dental Examiners under Section 254.013, Occupations Code, subject
  to the limitations imposed by that section;
               (34)  investigators commissioned by the Texas Juvenile
  Justice Department as officers under Section 221.011, Human
  Resources Code; and
               (35)  the fire marshal and any related officers,
  inspectors, or investigators commissioned by a county under
  Subchapter B, Chapter 352, Local Government Code.
         SECTION 2.  The heading to Section 341.012, Local Government
  Code, is amended to read as follows:
         Sec. 341.012.  POLICE RESERVE FORCE; MARSHAL RESERVE FORCE.
         SECTION 3.  Sections 341.012(a), (b), (c), (d), (e), (g),
  and (h), Local Government Code, are amended to read as follows:
         (a)  The governing body of a municipality may provide for the
  establishment of a police reserve force or a marshal reserve force.
         (b)  The governing body shall establish qualifications and
  standards of training for members of each [the] reserve force.
         (c)  The governing body may limit the size of each [the]
  reserve force.
         (d)  The chief of police shall appoint the members of the
  police reserve force. The municipal marshal shall appoint the
  members of the marshal reserve force. Members of a reserve force
  serve at the [chief's] discretion of the officer who appointed them
  or a successor in office to that officer.
         (e)  The chief of police may call the police reserve force
  into service, and the marshal may call the marshal reserve force
  into service, at any time the officer [chief] considers it
  necessary to have additional peace officers to preserve the peace
  and enforce the law.
         (g)  An appointment to a [the] reserve force must be approved
  by the governing body before the person appointed may carry a weapon
  or otherwise act as a peace officer. On approval of the appointment
  of a member who is not a peace officer as described by Article 2.12,
  Code of Criminal Procedure, the person appointed may carry a weapon
  only when authorized to do so by the officer who appointed the
  person or a successor in office to that officer, [chief of police]
  and only when discharging official duties as a peace officer.
         (h)  Reserve police officers or reserve deputy marshals may
  act only in a supplementary capacity to the regular police force or
  marshal's office, as applicable, and may not assume the full-time
  duties of regular police officers or deputy marshals without
  complying with the requirements for regular police officers or
  deputy marshals, as applicable. On approval of the appointment of a
  member who is a peace officer as described by Article 2.12, Code of
  Criminal Procedure, the appointing chief of police or marshal may
  authorize the person appointed to carry a weapon or act as a peace
  officer at all times, regardless of whether the person is engaged in
  the actual discharge of official duties, or may limit the authority
  of the person to carry a weapon or act as a peace officer to only
  those times during which the person is engaged in the actual
  discharge of official duties. A reserve police officer or reserve
  deputy marshal, regardless of whether the person [reserve police
  officer] is a peace officer as described by Article 2.12, Code of
  Criminal Procedure, is not:
               (1)  eligible for participation in any program provided
  by the governing body that is normally considered a financial
  benefit of full-time employment or for any pension fund created by
  statute for the benefit of full-time paid peace officers; or
               (2)  exempt from Chapter 1702, Occupations Code.
         SECTION 4.  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, 2017.