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A BILL TO BE ENTITLED
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AN ACT
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relating to peace officers commissioned by the Texas Commission on |
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Law Enforcement for disaster response. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.1601 to read as follows: |
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Sec. 1701.1601. AUTHORITY TO COMMISSION OFFICERS FOR |
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DISASTER RESPONSE. (a) In this section: |
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(1) "Disaster" has the meaning assigned by Section |
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418.004, Government Code. |
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(2) "State active duty" and "Texas State Guard" have |
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the meanings assigned by Section 437.001, Government Code. |
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(b) Subject to Subsection (c), the commission may |
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commission as a peace officer an individual who is: |
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(1) a peace officer elected, employed, or appointed by |
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a political subdivision of this state at the time the individual is |
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commissioned under this section; and |
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(2) called to state active duty as a member of the |
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Texas State Guard for the purpose of responding to a disaster. |
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(c) A commission under this section expires on the earlier |
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of: |
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(1) the date the individual's state active duty ends; |
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or |
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(2) the date responding to a disaster ceases to be the |
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primary purpose for the state active duty. |
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(d) The commission is not required to comply with Section |
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1701.303 with respect to a peace officer commissioned under this |
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section. |
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SECTION 2. Article 2.12, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace |
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officers: |
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(1) sheriffs, their deputies, and those reserve |
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deputies who hold a permanent peace officer license issued under |
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Chapter 1701, Occupations Code; |
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(2) constables, deputy constables, and those reserve |
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deputy constables who hold a permanent peace officer license issued |
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under Chapter 1701, Occupations Code; |
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(3) marshals or police officers of an incorporated |
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city, town, or village, and those reserve municipal police officers |
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who hold a permanent peace officer license issued under Chapter |
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1701, Occupations Code; |
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(4) rangers, officers, and members of the reserve |
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officer corps commissioned by the Public Safety Commission and the |
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Director of the Department of Public Safety; |
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(5) investigators of the district attorneys', criminal |
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district attorneys', and county attorneys' offices; |
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(6) law enforcement agents of the Texas Alcoholic |
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Beverage Commission; |
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(7) each member of an arson investigating unit |
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commissioned by a city, a county, or the state; |
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(8) officers commissioned under Section 37.081, |
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Education Code, or Subchapter E, Chapter 51, Education Code; |
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(9) officers commissioned by the General Services |
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Commission; |
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(10) law enforcement officers commissioned by the |
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Parks and Wildlife Commission; |
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(11) airport police officers commissioned by a city |
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with a population of more than 1.18 million located primarily in a |
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county with a population of 2 million or more that operates an |
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airport that serves commercial air carriers; |
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(12) airport security personnel commissioned as peace |
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officers by the governing body of any political subdivision of this |
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state, other than a city described by Subdivision (11), that |
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operates an airport that serves commercial air carriers; |
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(13) municipal park and recreational patrolmen and |
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security officers; |
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(14) security officers and investigators commissioned |
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as peace officers by the comptroller; |
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(15) officers commissioned by a water control and |
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improvement district under Section 49.216, Water Code; |
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(16) officers commissioned by a board of trustees |
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under Chapter 54, Transportation Code; |
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(17) investigators commissioned by the Texas Medical |
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Board; |
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(18) officers commissioned by: |
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(A) the board of managers of the Dallas County |
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Hospital District, the Tarrant County Hospital District, the Bexar |
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County Hospital District, or the El Paso County Hospital District |
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under Section 281.057, Health and Safety Code; |
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(B) the board of directors of the Ector County |
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Hospital District under Section 1024.117, Special District Local |
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Laws Code; and |
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(C) the board of directors of the Midland County |
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Hospital District of Midland County, Texas, under Section 1061.121, |
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Special District Local Laws Code; |
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(19) county park rangers commissioned under |
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Subchapter E, Chapter 351, Local Government Code; |
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(20) investigators employed by the Texas Racing |
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Commission; |
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(21) officers commissioned under Chapter 554, |
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Occupations Code; |
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(22) officers commissioned by the governing body of a |
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metropolitan rapid transit authority under Section 451.108, |
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Transportation Code, or by a regional transportation authority |
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under Section 452.110, Transportation Code; |
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(23) investigators commissioned by the attorney |
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general under Section 402.009, Government Code; |
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(24) security officers and investigators commissioned |
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as peace officers under Chapter 466, Government Code; |
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(25) officers appointed by an appellate court under |
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Subchapter F, Chapter 53, Government Code; |
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(26) officers commissioned by the state fire marshal |
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under Chapter 417, Government Code; |
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(27) an investigator commissioned by the commissioner |
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of insurance under Section 701.104, Insurance Code; |
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(28) apprehension specialists and inspectors general |
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commissioned by the Texas Juvenile Justice Department as officers |
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under Sections 242.102 and 243.052, Human Resources Code; |
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(29) officers appointed by the inspector general of |
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the Texas Department of Criminal Justice under Section 493.019, |
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Government Code; |
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(30) investigators or officers commissioned by the |
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Texas Commission on Law Enforcement under Section 1701.160 or |
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1701.1601, as applicable, Occupations Code; |
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(31) commission investigators commissioned by the |
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Texas Private Security Board under Section 1702.061, Occupations |
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Code; |
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(32) the fire marshal and any officers, inspectors, or |
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investigators commissioned by an emergency services district under |
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Chapter 775, Health and Safety Code; |
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(33) officers commissioned by the State Board of |
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Dental Examiners under Section 254.013, Occupations Code, subject |
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to the limitations imposed by that section; |
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(34) investigators commissioned by the Texas Juvenile |
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Justice Department as officers under Section 221.011, Human |
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Resources Code; and |
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(35) the fire marshal and any related officers, |
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inspectors, or investigators commissioned by a county under |
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Subchapter B, Chapter 352, Local Government Code. |
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SECTION 3. This Act takes effect September 1, 2019. |