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A BILL TO BE ENTITLED
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AN ACT
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relating to the employment of certain peace officers as private |
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security officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.212(d), Education Code, is amended to |
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read as follows: |
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(d) The governing boards of private institutions of higher |
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education are authorized to hire and pay on a regular basis peace |
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officers commissioned by a municipality, county, or political |
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subdivision of this state [an incorporated city]. The officers |
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shall be under the supervision of the hiring institution, but shall |
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be subject to dismissal and disciplinary action by the |
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municipality, county, or political subdivision [city]. A |
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municipality, county, or political subdivision of this state [An |
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incorporated city] is authorized to contract with a private |
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institution of higher education for the use and employment of its |
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commissioned officers in any manner agreed to, provided that there |
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is no expense incurred by the municipality, county, or political |
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subdivision [city]. |
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SECTION 2. Section 85.004(b), Local Government Code, is |
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amended to read as follows: |
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(b) A reserve deputy serves at the discretion of the sheriff |
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and may be called into service if the sheriff considers it necessary |
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to have additional officers to preserve the peace and enforce the |
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law. The sheriff may authorize a reserve deputy who is a peace |
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officer as described by Article 2.12, Code of Criminal Procedure, |
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to carry a weapon or act as a peace officer at all times, regardless |
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of whether the reserve deputy is engaged in the actual discharge of |
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official duties, or may limit the authority of the reserve deputy to |
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carry a weapon or act as a peace officer to only those times during |
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which the reserve deputy is engaged in the actual discharge of |
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official duties. A reserve deputy who is not a peace officer as |
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described by Article 2.12, Code of Criminal Procedure, may act as a |
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peace officer only during the actual discharge of official duties. |
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A reserve deputy, regardless of whether the reserve deputy is a |
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peace officer as described by Article 2.12, Code of Criminal |
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Procedure, is not[: |
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[(1)] eligible for participation in any program |
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provided by the county that is normally considered a financial |
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benefit of full-time employment or for any pension fund created by |
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statute for the benefit of full-time paid peace officers[; or |
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[(2) exempt from Chapter 1702, Occupations Code]. |
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SECTION 3. Section 86.012(b), Local Government Code, is |
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amended to read as follows: |
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(b) A reserve deputy constable serves at the discretion of |
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the constable and may be called into service at any time that the |
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constable considers it necessary to have additional officers to |
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preserve the peace and enforce the law. The constable may authorize |
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a reserve deputy constable who is a peace officer as described by |
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Article 2.12, Code of Criminal Procedure, to carry a weapon or act |
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as a peace officer at all times, regardless of whether the reserve |
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deputy constable is engaged in the actual discharge of official |
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duties, or may limit the authority of the reserve deputy constable |
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to carry a weapon or act as a peace officer to only those times |
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during which the reserve deputy constable is engaged in the actual |
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discharge of official duties. A reserve deputy constable who is not |
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a peace officer as described by Article 2.12, Code of Criminal |
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Procedure, may act as a peace officer only during the actual |
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discharge of official duties. A reserve deputy constable, |
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regardless of whether the reserve deputy constable is a peace |
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officer as described by Article 2.12, Code of Criminal Procedure, |
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is not[: |
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[(1)] eligible for participation in any program |
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provided by the county that is normally considered a financial |
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benefit of full-time employment or for any pension fund created by |
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statute for the benefit of full-time paid peace officers[; or |
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[(2) exempt from Chapter 1702, Occupations Code]. |
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SECTION 4. Section 341.012(h), Local Government Code, is |
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amended to read as follows: |
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(h) Reserve police officers may act only in a supplementary |
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capacity to the regular police force and may not assume the |
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full-time duties of regular police officers without complying with |
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the requirements for regular police officers. On approval of the |
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appointment of a member who is a peace officer as described by |
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Article 2.12, Code of Criminal Procedure, the chief of police may |
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authorize the person appointed to carry a weapon or act as a peace |
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officer at all times, regardless of whether the person is engaged in |
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the actual discharge of official duties, or may limit the authority |
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of the person to carry a weapon or act as a peace officer to only |
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those times during which the person is engaged in the actual |
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discharge of official duties. A reserve police officer, regardless |
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of whether the reserve police officer is a peace officer as |
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described by Article 2.12, Code of Criminal Procedure, is not[: |
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[(1)] eligible for participation in any program |
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provided by the governing body that is normally considered a |
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financial benefit of full-time employment or for any pension fund |
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created by statute for the benefit of full-time paid peace |
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officers[; or |
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[(2) exempt from Chapter 1702, Occupations Code]. |
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SECTION 5. Section 1702.322, Occupations Code, is amended |
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to read as follows: |
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Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter |
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does not apply to: |
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(1) a person who is employed [has full-time |
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employment] as a peace officer for compensation, or who is a peace |
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officer and has been appointed to serve as a reserve deputy sheriff, |
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reserve deputy constable, or reserve police officer of a political |
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subdivision of this state, and who receives compensation for |
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private employment on an individual or an independent contractor |
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basis as a patrolman, guard, extra job coordinator, or watchman if |
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the officer: |
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(A) is employed in an employee-employer |
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relationship or employed on an individual contractual basis: |
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(i) directly by the recipient of the |
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services; or |
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(ii) by a company licensed under this |
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chapter; and |
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(B) is not in the employ of another peace |
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officer; |
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[(C) is not a reserve peace officer; and |
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[(D) works as a peace officer on the average of at |
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least 32 hours a week, is compensated by the state or a political |
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subdivision of the state at least at the minimum wage, and is |
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entitled to all employee benefits offered to a peace officer by the |
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state or political subdivision;] |
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(2) a reserve peace officer while the reserve officer |
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is performing guard, patrolman, or watchman duties for a county and |
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is being compensated solely by that county; |
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(3) a peace officer acting in an official capacity in |
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responding to a burglar alarm or detection device; or |
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(4) a person engaged in the business of electronic |
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monitoring of an individual as a condition of that individual's |
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community supervision, parole, mandatory supervision, or release |
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on bail, if the person does not perform any other service that |
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requires a license under this chapter. |
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SECTION 6. Section 1702.330, Occupations Code, is amended |
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to read as follows: |
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Sec. 1702.330. SECURITY PERSONNEL OF PRIVATE INSTITUTION OF |
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HIGHER EDUCATION. This chapter does not apply to: |
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(1) a person who is employed full-time by and is |
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commissioned as a campus security personnel employee by a private |
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institution of higher education under Section 51.212, Education |
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Code; or |
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(2) a peace officer commissioned by a [an |
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incorporated] municipality, county, or political subdivision of |
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this state who is hired under Section 51.212, Education Code, on a |
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regular basis by a private institution of higher education while |
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that peace officer is operating within the scope of the peace |
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officer's employment with the institution of higher education. |
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SECTION 7. Section 60.0775(i), Water Code, is amended to |
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read as follows: |
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(i) A reserve police officer, regardless of whether the |
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reserve police officer is a peace officer as described by Article |
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2.12, Code of Criminal Procedure, is not[: |
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[(1)] eligible for participation in: |
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(1) [(A)] a program provided by the commission that is |
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normally considered a financial benefit of full-time employment; or |
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(2) [(B)] a pension fund created by statute for the |
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benefit of full-time paid peace officers[; or |
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[(2) exempt from Chapter 1702, Occupations Code]. |
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SECTION 8. This Act takes effect September 1, 2023. |