82R29612 SLB-F
By: Whitmire S.B. No. 1600
(King of Parker, Miller of Erath)
Substitute the following for S.B. No. 1600: No.
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 is a chief of police, sheriff,
constable, or other chief administrator of a law enforcement agency
in this state or is appointed 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 provided for by the 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 peace officer is employed by the private
employer 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) the private employment does not require the
peace officer to be [is not] in the employ of another peace officer;
(C) the peace officer is not a reserve peace
officer; and
(D) the peace officer works for the law
enforcement agency that appointed or employs the [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.