86R5525 JCG-D
 
  By: King of Parker H.B. No. 1451
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to peace officers commissioned by the Texas Commission on
  Law Enforcement for disaster response.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.1601 to read as follows:
         Sec. 1701.1601.  AUTHORITY TO COMMISSION OFFICERS FOR
  DISASTER RESPONSE. (a) In this section:
               (1)  "Disaster" has the meaning assigned by Section
  418.004, Government Code.
               (2)  "State active duty" and "Texas State Guard" have
  the meanings assigned by Section 437.001, Government Code.
         (b)  Subject to Subsection (c), the commission may
  commission as a peace officer an individual who is:
               (1)  a peace officer elected, employed, or appointed by
  a political subdivision of this state at the time the individual is
  commissioned under this section; and
               (2)  called to state active duty as a member of the
  Texas State Guard for the purpose of responding to a disaster. 
         (c)  A commission under this section expires on the earlier
  of: 
               (1)  the date the individual's state active duty ends;
  or
               (2)  the date responding to a disaster ceases to be the
  primary purpose for the state active duty.
         (d)  The commission is not required to comply with Section
  1701.303 with respect to a peace officer commissioned under this
  section.
         SECTION 2.  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 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 or officers commissioned by the
  Texas Commission on Law Enforcement under Section 1701.160 or
  1701.1601, as applicable, 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 3.  This Act takes effect September 1, 2019.