BILL ANALYSIS

 

 

Senate Research Center

H.B. 1133

88R3390 JCG-F

By: Spiller; Harless (Flores)

 

Criminal Justice

 

5/17/2023

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, a person providing security-related services must be licensed under the Private Security Act. This act provides exceptions for full-time peace officers who are compensated for the security services provided and for a person who volunteers to provide security services for a place of worship without compensation. However, the act does not expressly state that a person can volunteer their services to help secure a school-related event. Moreover, it is unclear whether a person licensed as a peace officer but who is not a full-time peace officer can volunteer their time for school-sanctioned or religious events.

 

H.B. 1133 seeks to provide additional options for schools and places of religious worship seeking to better protect their students and congregation by allowing any peace officer to provide voluntary security services at these locations and be in a uniform while doing so with the approval of the chief administrator of the officer's employing law enforcement agency.

 

H.B. 1133 amends current law relating to an exemption from the application of the Private Security Act for volunteer security services provided at certain places or events.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 1702.333, Occupations Code, as follows:

 

Sec. 1702.333. New heading: CERTAIN VOLUNTEERS. (a) Makes no changes to this subsection.

 

(b) Provides that Chapter 1702 (Private Security) does not apply to a person who is providing volunteer security services on:

 

(1) creates this subdivision from existing text; or

 

(2) premises where an event sponsored or sanctioned by a public primary or secondary school is taking place.

 

(c) Creates an exception under Subsection (d).

 

(d) Authorizes a peace officer providing volunteer security services under Subsection (b) to:

 

(1) with the consent of the head of the employing or appointing law enforcement agency, wear the uniform of the agency; or

 

(2) wear another uniform or badge that gives the person the appearance of being a peace officer.

 

(e) Provides that the reimbursement for or payment of an insurance policy insuring a peace officer who provides volunteer security services under Subsection (b) for civil liability arising from acts occurring while providing those services is not considered compensation or reimbursement.

 

SECTION 2. Effective date: September 1, 2023. �