By: Guillen H.B. No. 3331
A BILL TO BE ENTITLED
AN ACT
relating to complaints against peace officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 614.001, Local Government Code is
amended to read as follows:
Sec. 614.001. DEFINITIONS. In this subchapter:
(1) "Employer" means the governmental entity or
private institution as defined by Sec. 51 Education Code that
employs or appoints a peace officer or fire fighter or that the
peace officer or fire fighter is elected to serve.
(2) "Fire fighter" means a member of a fire department
who performs a function listed in Section 143.003(4), Local
Government Code, without regard to whether the individual is
subject to a civil service system or program.
(3) "Peace officer" means an individual elected,
appointed, or employed to serve as a peace officer for a
governmental entity or private institution as defined by Sec. 51
Education Code, under Article 2.12, Code of Criminal Procedure, or
other law.
Sec. 614.002. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a peace officer or fire fighter employed by:
(1) the state;
(2) a municipality with a population of 50,000 or
more; or
(3) a county with a population of 190,000 or more; or
(4) a private institution as defined by Sec. 51
Education code; or;
(5) airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state; or
(6) 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.
Sec. 614.021. APPLICABILITY OF SUBCHAPTER. (a) Except as
provided by Subsection (b), this subchapter applies only to a
complaint against:
(1) a law enforcement officer of the State of Texas,
including an officer of the Department of Public Safety or of the
Texas Alcoholic Beverage Commission;
(2) a fire fighter who is employed by this state or a
political subdivision of this state;
(3) a peace officer under Article 2.12, Code of
Criminal Procedure, or other law who is appointed or employed by a
political subdivision of this state, or private institution as
defined by Sec. 51 Education Code; or
(4) a detention officer or county jailer who is
appointed or employed by a political subdivision of this state.
(b) This subchapter does not apply to a peace officer or
fire fighter appointed or employed by a political subdivision that
is covered by a meet and confer or collective bargaining agreement
under Chapter 143 or 174, Local Government Code, if that agreement
includes provisions relating to the investigation of, and
disciplinary action resulting from, a complaint against a peace
officer or fire fighter, as applicable.
Sec. 51.203. CAMPUS PEACE OFFICERS. (a) The governing
boards of each state institution of higher education and public
technical institute may employ and commission peace officers, as
defined by Article 2.12 Code of Criminal Procedure, for the purpose
of carrying out the provisions of this subchapter. The primary
jurisdiction of a peace officer commissioned under this section
includes all counties in which property is owned, leased, rented,
or otherwise under the control of the institution of higher
education or public technical institute that employs the peace
officer.
(b) Within a peace officer's primary jurisdiction, a peace
officer commissioned under this section:
(1) is vested with all the powers, privileges, and
immunities of peace officers;
(2) may, in accordance with Chapter 14, Code of
Criminal Procedure, arrest without a warrant any person who
violates a law of the state; and
(3) may enforce all traffic laws on streets and
highways.
(
c) Outside a peace officer's primary jurisdiction a peace
officer commissioned under this section is vested with all the
powers, privileges, and immunities of peace officers and may arrest
any person who violates any law of the state if the peace officer:
(1) is summoned by another law enforcement agency to
provide assistance;
(2) is assisting another law enforcement agency; or
(3) is otherwise performing his duties as a peace
officer for the institution of higher education or public technical
institute that employs the peace officer.
(d) Any officer assigned to duty and commissioned shall take
and file the oath required of peace officers.
(e) Any person commissioned under this Act must be a
certified police officer under the requirements of the Texas
Commission on Law Enforcement Officers and Standards.
Sec. 51.212. PEACE OFFICERS AT PRIVATE INSTITUTIONS.
(a) The governing boards of private institutions of higher
education, including private junior colleges, are authorized to
employ and commission peace officers as defined by Article 2.12
Code of Criminal Procedure for the purpose of enforcing:
(1) state law on the campuses of private institutions
of higher education; and
(2) state and local law, including applicable
municipal ordinances, at other locations, as permitted by
Subsection (b) or Section 51.2125.
(b) Any officer commissioned under the provisions of this
section is vested with all the powers, privileges, and immunities
of peace officers if the officer:
(1) is on the property under the control and
jurisdiction of the respective private institution of higher
education or is otherwise performing duties assigned to the officer
by the institution, regardless of whether the officer is on
property under the control and jurisdiction of the institution, but
provided these duties are consistent with the educational mission
of the institution and are being performed within a county in which
the institution has land; or
(2) to the extent authorized by Section 51.2125, is:
(A) requested by another law enforcement agency
to provide assistance in enforcing state or local law, including a
municipal ordinance, and is acting in response to that request; or;
(B) Otherwise assisting another law enforcement
agency in enforcing a law described by Paragraph (A).
(d) The governing boards of private institutions of higher
education are authorized to hire and pay on a regular basis peace
officers commissioned by an incorporated city. The officers shall
be under the supervision of the hiring institution, but shall be
subject to dismissal and disciplinary action by the city. An
incorporated city is authorized to contract with a private
institution of higher education for the use and employment of its
commissioned officers in any manner agreed to, provided that there
is no expense incurred by the city.
(e) In this section, "private institution of higher
education" means a private or independent institution of higher
education as defined by Section 61.003.
SECTION 2. This Act takes effect September 1, 2013.