| 1 | 1 | | 81R8337 YDB-F |
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| 2 | 2 | | By: Driver H.B. No. 1491 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to exemption from application of the Private Security Act |
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| 8 | 8 | | of certain peace officers employed by a law enforcement agency. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1702.322, Occupations Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter |
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| 13 | 13 | | does not apply to: |
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| 14 | 14 | | (1) a person who is a chief of police, sheriff, |
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| 15 | 15 | | constable, or other chief administrator of a law enforcement agency |
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| 16 | 16 | | in this state or is appointed, elected, or employed by the chief |
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| 17 | 17 | | administrator of a law enforcement agency [has full-time |
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| 18 | 18 | | employment] as a peace officer, as defined by Section 1701.001, in |
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| 19 | 19 | | accordance with the licensing requirements adopted under rules of |
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| 20 | 20 | | the Commission on Law Enforcement Officer Standards and Education |
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| 21 | 21 | | and who receives compensation for private employment on an |
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| 22 | 22 | | individual or an independent contractor basis as a patrolman, |
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| 23 | 23 | | guard, extra job coordinator, or watchman if [the officer]: |
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| 24 | 24 | | (A) the officer is employed by the private |
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| 25 | 25 | | employer in an employee-employer relationship or [employed] on an |
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| 26 | 26 | | individual contractual basis; |
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| 27 | 27 | | (B) the private employment does not require the |
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| 28 | 28 | | officer to be [is not] in the employ of another peace officer; |
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| 29 | 29 | | (C) the officer is not a reserve peace officer; |
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| 30 | 30 | | and |
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| 31 | 31 | | (D) the officer works for the law enforcement |
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| 32 | 32 | | agency [as a peace officer] on the average of at least 32 hours a |
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| 33 | 33 | | week, is compensated by the state or a political subdivision of the |
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| 34 | 34 | | state at least at the minimum wage, and is entitled to all employee |
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| 35 | 35 | | benefits offered to a peace officer by the state or political |
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| 36 | 36 | | subdivision; |
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| 37 | 37 | | (2) a reserve peace officer while the reserve officer |
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| 38 | 38 | | is performing guard, patrolman, or watchman duties for a county and |
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| 39 | 39 | | is being compensated solely by that county; |
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| 40 | 40 | | (3) a peace officer acting in an official capacity in |
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| 41 | 41 | | responding to a burglar alarm or detection device; or |
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| 42 | 42 | | (4) a person engaged in the business of electronic |
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| 43 | 43 | | monitoring of an individual as a condition of that individual's |
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| 44 | 44 | | community supervision, parole, mandatory supervision, or release |
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| 45 | 45 | | on bail, if the person does not perform any other service that |
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| 46 | 46 | | requires a license under this chapter. |
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| 47 | 47 | | SECTION 2. This Act takes effect September 1, 2009. |
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