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A BILL TO BE ENTITLED
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AN ACT
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relating to the employment of honorably retired peace officers as |
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school district security personnel and the applicability to those |
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officers of certain law governing private security. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.081, Education Code, is amended by |
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adding Subsection (a-5) to read as follows: |
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(a-5) An honorably retired peace officer, as defined by |
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Section 614.121, Government Code, employed as security personnel |
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under Subsection (a) must: |
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(1) keep the peace officer's license in active status; |
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and |
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(2) fulfill all applicable requirements under |
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Sections 1701.351 and 1701.352, Occupations Code. |
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SECTION 2. Section 1702.002, Occupations Code, is amended |
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by adding Subdivision (19) to read as follows: |
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(19) "School district honorably retired peace |
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officer" means an honorably retired peace officer, as defined by |
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Section 614.121, Government Code, who is employed by a school |
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district. |
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SECTION 3. 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 a peace officer or a school |
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district honorably retired peace officer [has full-time employment |
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as a peace officer] and who receives compensation for private |
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employment on an individual or an independent contractor basis as a |
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patrolman, guard, extra job coordinator, or watchman if the |
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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; |
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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 |
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of at least 32 hours a week for and[,] is compensated [by the state |
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or a political subdivision of the state] at least at the minimum |
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wage by: |
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(i) for a peace officer, the state or a |
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political subdivision of the state; or |
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(ii) for a school district honorably |
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retired peace officer, a school district; and |
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(D) is entitled to all employee benefits offered |
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to a peace officer by the state or political subdivision described |
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by Paragraph (C); |
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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 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |