By: Whitmire S.B. No. 1600
A BILL TO BE ENTITLED
AN ACT
relating to the registration of peace officers as private security
officers.
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, 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 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, 2011.