82R17187 YDB-D
By: King of Parker, Miller of Erath H.B. No. 647
Substitute the following for H.B. No. 647:
By: Beck C.S.H.B. No. 647
A BILL TO BE ENTITLED
AN ACT
relating to the public safety director's appointment of reserve law
enforcement officers for the Department of Public Safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0065 to read as follows:
Sec. 411.0065. RESERVE OFFICERS. (a) The director may
appoint reserve law enforcement officers for the department. The
commission may limit the number of reserve officers that may be
appointed.
(b) A reserve officer serves at the discretion of the
director and may be called into service if the director considers it
necessary to have additional officers to preserve the peace and
enforce law.
(c) The director may:
(1) authorize a reserve officer who is a peace officer
as described by Article 2.12, Code of Criminal Procedure, to carry a
weapon or act as a peace officer at all times, regardless of whether
the reserve officer is engaged in the actual discharge of official
duties; or
(2) limit the authority of the reserve officer to
carry a weapon or act as a peace officer to only those times during
which the reserve officer is engaged in the actual discharge of
official duties.
(d) A reserve officer is not:
(1) eligible for participation in any program provided
by the department that is normally considered a financial benefit
of full-time employment or for any pension fund created by statute
for the benefit of full-time paid peace officers; or
(2) exempt from Chapter 1702, Occupations Code.
(e) A reserve officer, before beginning to perform the
duties of office and at the time of appointment, must file an oath
and execute and file a bond in the amount of $2,000 payable to the
department.
(f) A reserve officer on active duty at the call of the
director and actively engaged in assigned duties has the same
rights, privileges, and duties as any other peace officer of this
state.
SECTION 2. 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 and reserve officers appointed by the director who hold a
permanent peace officer license issued under Chapter 1701,
Occupations Code;
(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;
(35) investigators commissioned by the Texas Juvenile
Probation Commission as officers under Section 141.055, Human
Resources Code; and
(36) the fire marshal and any related officers,
inspectors, or investigators commissioned by a county under
Subchapter B, Chapter 352, Local Government Code.
SECTION 3. Section 1701.001(6), Occupations Code, is
amended to read as follows:
(6) "Reserve law enforcement officer" means a person
designated as a reserve law enforcement officer under:
(A) Section 411.0065, Government Code;
(B) Section 85.004, 86.012, or 341.012, Local
Government Code;[,] or
(C) Section 60.0775, Water Code.
SECTION 4. This Act takes effect September 1, 2011.