81R8337 YDB-F
By: Driver H.B. No. 1491
A BILL TO BE ENTITLED
AN ACT
relating to exemption from application of the Private Security Act
of certain peace officers employed by a law enforcement agency.
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 is a chief of police, sheriff,
constable, or other chief administrator of a law enforcement agency
in this state or is appointed, elected, or employed by the chief
administrator of a law enforcement agency [has full-time
employment] as a peace officer, as defined by Section 1701.001, in
accordance with the licensing requirements adopted under rules of
the Commission on Law Enforcement Officer Standards and Education
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) the officer is employed by the private
employer in an employee-employer relationship or [employed] on an
individual contractual basis;
(B) the private employment does not require the
officer to be [is not] in the employ of another peace officer;
(C) the officer is not a reserve peace officer;
and
(D) the officer works for the law enforcement
agency [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, or watchman duties for a county and
is being compensated solely by that county;
(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, 2009.