86R12481 JRR-F
 
  By: Goldman H.B. No. 2801
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to airport police forces and security vehicles, including
  the authority to commission peace officers and the rights,
  privileges, and duties of those officers.
         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 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 under
  Chapter 23, Transportation Code [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;
               (13) [(14)]  security officers and investigators
  commissioned as peace officers by the comptroller;
               (14) [(15)]  officers commissioned by a water control
  and improvement district under Section 49.216, Water Code;
               (15) [(16)]  officers commissioned by a board of
  trustees under Chapter 54, Transportation Code;
               (16) [(17)]  investigators commissioned by the Texas
  Medical Board;
               (17) [(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;
               (18) [(19)]  county park rangers commissioned under
  Subchapter E, Chapter 351, Local Government Code;
               (19) [(20)]  investigators employed by the Texas
  Racing Commission;
               (20) [(21)]  officers commissioned under Chapter 554,
  Occupations Code;
               (21) [(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;
               (22) [(23)]  investigators commissioned by the
  attorney general under Section 402.009, Government Code;
               (23) [(24)]  security officers and investigators
  commissioned as peace officers under Chapter 466, Government Code;
               (24) [(25)]  officers appointed by an appellate court
  under Subchapter F, Chapter 53, Government Code;
               (25) [(26)]  officers commissioned by the state fire
  marshal under Chapter 417, Government Code;
               (26) [(27)]  an investigator commissioned by the
  commissioner of insurance under Section 701.104, Insurance Code;
               (27) [(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;
               (28) [(29)]  officers appointed by the inspector
  general of the Texas Department of Criminal Justice under Section
  493.019, Government Code;
               (29) [(30)]  investigators commissioned by the Texas
  Commission on Law Enforcement under Section 1701.160, Occupations
  Code;
               (30) [(31)]  commission investigators commissioned by
  the Texas Private Security Board under Section 1702.061,
  Occupations Code;
               (31) [(32)]  the fire marshal and any officers,
  inspectors, or investigators commissioned by an emergency services
  district under Chapter 775, Health and Safety Code;
               (32) [(33)]  officers commissioned by the State Board
  of Dental Examiners under Section 254.013, Occupations Code,
  subject to the limitations imposed by that section;
               (33) [(34)]  investigators commissioned by the Texas
  Juvenile Justice Department as officers under Section 221.011,
  Human Resources Code; and
               (34) [(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.  Section 22.091, Transportation Code, as added by
  Chapter 723 (S.B. 1024), Acts of the 85th Legislature, Regular
  Session, 2017, is redesignated as Section 22.092, Transportation
  Code, to read as follows:
         Sec. 22.092  [22.091].  AIRPORT SECURITY VEHICLES. (a)  In
  this section, "airport security vehicle" means a motor vehicle
  that:
               (1)  is owned or leased by a joint board; and
               (2)  has been designated or authorized by the joint
  board.
         (b)  An airport security vehicle may be equipped with
  flashing blue and amber lights visible from directly in front of the
  center of the vehicle.
         SECTION 3.  The heading to Chapter 23, Transportation Code,
  is amended to read as follows:
  CHAPTER 23. AIRPORT POLICE FORCES [SECURITY PERSONNEL]
         SECTION 4.  Section 23.001, Transportation Code, is amended
  to read as follows:
         Sec. 23.001.  ESTABLISHMENT OF AIRPORT POLICE [SECURITY]
  FORCE; COMMISSIONING OF PEACE OFFICERS. The governing body of a
  joint board, as defined by Section 22.071, or other political
  subdivision that operates an airport served by an air carrier
  certificated by the Federal Aviation Administration [Civil
  Aeronautics Board] or the United States Department of
  Transportation may:
               (1)  establish an airport police [security] force; and
               (2)  commission and employ a peace officer, subject to
  Chapter 1701, Occupations Code, if the employee takes and files the
  oath required of peace officers [employ airport security
  personnel].
         SECTION 5.  Sections 23.002 and 23.003, Transportation Code,
  are repealed.
         SECTION 6.  To the extent of any conflict, this Act prevails
  over another Act of the 86th Legislature, Regular Session, 2019,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 7.  This Act takes effect September 1, 2019.