| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the exemption of certain reserve peace officers from |
|
|
regulation as private security personnel. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 1702.322, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter does |
|
|
not apply to: |
|
|
(1) a person who has full-time employment as a peace |
|
|
officer and who receives compensation for private employment on an |
|
|
individual or an independent contractor basis as a patrolman, |
|
|
guard, extra job coordinator, or watchman if the officer: |
|
|
(A) is employed in an employee-employer |
|
|
relationship or employed on an individual contractual basis: |
|
|
(i) directly by the recipient of the |
|
|
services; or |
|
|
(ii) by a company licensed under this |
|
|
chapter; |
|
|
(B) is not in the employ of another peace |
|
|
officer; |
|
|
(C) is not a reserve peace officer; and |
|
|
(D) works as a peace officer on the average of at |
|
|
least 32 hours a week, is compensated by the state or a political |
|
|
subdivision of the state at least at the minimum wage, and is |
|
|
entitled to all employee benefits offered to a peace officer by the |
|
|
state or political subdivision; |
|
|
(2) a reserve peace officer while the reserve officer |
|
|
is performing guard, patrolman, extra job coordinator, or watchman |
|
|
duties for any person or a state agency or political subdivision [a |
|
|
county] and is being compensated [solely] by that person or agency |
|
|
or subdivision [county]; and |
|
|
(A) the chief administrator of the agency |
|
|
granting the reserve status approves; and |
|
|
(B) the duties are performed in a county with a |
|
|
population of at least 250,000 and no greater than 650,000 and |
|
|
located on an international border; |
|
|
(3) a peace officer acting in an official capacity in |
|
|
responding to a burglar alarm or detection device; or |
|
|
(4) a person engaged in the business of electronic |
|
|
monitoring of an individual as a condition of that individual's |
|
|
community supervision, parole, mandatory supervision, or release |
|
|
on bail, if the person does not perform any other service that |
|
|
requires a license under this chapter. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |