BILL ANALYSIS

 

 

 

H.B. 1133

By: Spiller

Homeland Security & Public Safety

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

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.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 1133 amends the Occupations Code to exempt from the Private Security Act a person who is providing volunteer security services on premises where an event sponsored or sanctioned by a public primary or secondary school is taking place. The bill authorizes a peace officer providing those services on such premises or on the premises of an established place of worship to do the following:

·         with the consent of the head of the employing or appointing law enforcement agency, wear the agency's uniform; or

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

The bill establishes that the reimbursement for or payment of an insurance policy insuring the peace officer providing these services for civil liability arising from acts occurring while providing the services is not considered compensation or reimbursement.

 

EFFECTIVE DATE

 

September 1, 2023.