By: King of Parker (Senate Sponsor - Wentworth) H.B. No. 3201
(In the Senate - Received from the House May 18, 2009;
May 22, 2009, read first time and referred to Committee on Criminal
Justice; May 22, 2009, reported favorably by the following vote:
Yeas 6, Nays 0; May 22, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the designation of certain fire marshals and related
officers, inspectors, and investigators and certain railroad peace
officers as peace officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.12, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
officers:
(1) sheriffs, their deputies, and those reserve
deputies who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) constables, deputy constables, and those reserve
deputy constables who hold a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated
city, town, or village, and those reserve municipal police officers
who hold a permanent peace officer license issued under Chapter
1701, Occupations Code;
(4) rangers and officers commissioned by the Public
Safety Commission and the Director of the Department of Public
Safety;
(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic
Beverage Commission;
(7) each member of an arson investigating unit
commissioned by a city, a county, or the state;
(8) officers commissioned under Section 37.081,
Education Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services
Commission;
(10) law enforcement officers commissioned by the
Parks and Wildlife Commission;
(11) airport police officers commissioned by a city
with a population of more than 1.18 million that operates an airport
that serves commercial air carriers;
(12) airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that
operates an airport that serves commercial air carriers;
(13) municipal park and recreational patrolmen and
security officers;
(14) security officers and investigators commissioned
as peace officers by the comptroller;
(15) officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
(16) officers commissioned by a board of trustees
under Chapter 54, Transportation Code;
(17) investigators commissioned by the Texas Medical
Board;
(18) officers commissioned by the board of managers of
the Dallas County Hospital District, the Tarrant County Hospital
District, or the Bexar County Hospital District under Section
281.057, Health and Safety Code;
(19) county park rangers commissioned under
Subchapter E, Chapter 351, Local Government Code;
(20) investigators employed by the Texas Racing
Commission;
(21) officers commissioned under Chapter 554,
Occupations Code;
(22) officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority
under Section 452.110, Transportation Code;
(23) investigators commissioned by the attorney
general under Section 402.009, Government Code;
(24) security officers and investigators commissioned
as peace officers under Chapter 466, Government Code;
(25) an officer employed by the Department of State
Health Services under Section 431.2471, Health and Safety Code;
(26) officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(27) officers commissioned by the state fire marshal
under Chapter 417, Government Code;
(28) an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(29) apprehension specialists and inspectors general
commissioned by the Texas Youth Commission as officers under
Sections 61.0451 and 61.0931, Human Resources Code;
(30) officers appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(31) investigators commissioned by the Commission on
Law Enforcement Officer Standards and Education under Section
1701.160, Occupations Code;
(32) commission investigators commissioned by the
Texas Private Security Board under Section 1702.061(f),
Occupations Code;
(33) the fire marshal and any officers, inspectors, or
investigators commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(34) officers commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section; [and]
(35) investigators commissioned by the Texas Juvenile
Probation Commission as officers under Section 141.055, Human
Resources Code;
(36) the fire marshal and any related officers,
inspectors, or investigators commissioned by a county under
Subchapter B, Chapter 352, Local Government Code; and
(37) railroad peace officers appointed by the public
safety director of the Department of Public Safety under Article
2.121, subject to the limitations imposed by that article.
SECTION 2. Article 2.121, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.121. RAILROAD PEACE OFFICERS. (a) The public safety
director of the Department of Public Safety may appoint [up to 250]
railroad peace officers who are employed by a railroad company to
aid law enforcement agencies in the protection of railroad property
and the protection of the persons and property of railroad
passengers and employees. Each appointed officer has all the
powers, privileges, and immunities of a peace officer while
carrying out duties as a railroad peace officer within the
boundaries of this state.
(b) [Except as provided by Subsection (c) of this article, a
railroad peace officer may make arrests and exercise all authority
given peace officers under this code when necessary to prevent or
abate the commission of an offense involving injury to passengers
and employees of the railroad or damage to railroad property or to
protect railroad property or property in the custody or control of
the railroad.
[(c) A railroad peace officer may not issue a traffic
citation for a violation of Chapter 521, Transportation Code, or
Subtitle C, Title 7, Transportation Code.
[(d)] A railroad peace officer is not entitled to state
benefits normally provided by the state to a peace officer.
(c) [(e)] A person may not serve as a railroad peace officer
for a railroad company unless:
(1) the Texas Railroad Association submits the
person's application for appointment and certification as a
railroad peace officer to the public safety director of the
Department of Public Safety and to the executive director of the
Commission on Law Enforcement Officer Standards and Education;
(2) the public safety director of the department
issues the person a certificate of authority to act as a railroad
peace officer; and
(3) the executive director of the commission
determines that the person meets minimum standards required of
peace officers by the commission relating to competence,
reliability, education, training, morality, and physical and
mental health and issues the person a license as a railroad peace
officer; and
(4) the person has met all standards for certification
as a peace officer by the Commission on Law Enforcement Officer
Standards and Education.
(d) [(f)] For good cause, the public safety director of the
department may revoke a certificate of authority issued under this
article and the executive director of the commission may revoke a
license issued under this article. Termination of employment with
a railroad company, or the revocation of a railroad peace officer
license, constitutes [shall constitute] an automatic revocation of
a certificate of authority to act as a railroad peace officer.
(e) [(g)] A railroad company is liable for any act or
omission by a person serving as a railroad peace officer for the
company that is within the person's scope of employment. Neither
the state nor any political subdivision or agency of the state is
[shall be] liable for any act or omission by a person appointed as a
railroad peace officer. The employing railroad company shall pay
all [All] expenses incurred by the granting or revocation of a
certificate of authority to act as a railroad peace officer [shall
be paid by the employing railroad company].
(f) [(h)] A railroad peace officer who is a member of a
railroad craft may not perform the duties of a member of any other
railroad craft during a strike or labor dispute.
(g) [(i)] The public safety director of the department and
the executive director of the commission may adopt [shall have the
authority to promulgate] rules necessary for the effective
administration and performance of the duties and responsibilities
delegated to the directors [them] by this article.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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