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A BILL TO BE ENTITLED
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AN ACT
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relating to the exemption of certain reserve peace officers from |
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regulation as private security personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 has full-time employment as a peace |
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officer and who receives compensation for private employment on an |
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individual or an independent contractor basis as a patrolman, |
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guard, extra job coordinator, or watchman if 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; |
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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, if: |
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(A) [while] the reserve peace officer is |
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appointed by a state law enforcement agency or a law enforcement |
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agency in the county in which the officer is performing guard, |
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patrolman, or watchman duties for any person or a state agency or |
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political subdivision; |
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(B) the reserve peace officer [a county and] is |
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being compensated solely by the state agency, or political |
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subdivision described by Paragraph (A) [that county]; |
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(C) the chief administrative officer of the |
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reserve peace officer's appointing law enforcement agency approves |
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the reserve peace officer to perform the duties described by |
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Paragraph (A); and |
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(D) the duties described by Paragraph (A) are |
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performed in a county that: |
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(i) has a population of at least 250,000 but |
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not more than 650,000; and |
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(ii) is adjacent to an international |
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border; |
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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 2. This Act takes effect September 1, 2025. |