Texas House Bill HB461

Texas 2013 - 83rd Regular

Caption

Relating to exemption from application of the Private Security Act of certain peace officers employed by a law enforcement agency.

Impact

One notable impact of HB 461 is that it seeks to clarify and streamline the employment regulations for peace officers who may wish to work in private security capacities while still serving in their primary law enforcement roles. The bill stipulates that as long as the peace officer is primarily engaged in their law enforcement duties for a minimum of 32 hours per week and is compensated at least at the minimum wage by the state or a political subdivision, they can also work as private security personnel without needing to comply with the broader licensing requirements that apply to non-law enforcement private security workers.

Summary

House Bill 461 aims to amend the Occupations Code regarding the applicability of the Private Security Act to certain peace officers employed by law enforcement agencies. The bill specifically states that peace officers, including chiefs of police, sheriffs, and constables, who are employed by a law enforcement agency and meet certain employment conditions will be exempt from the regulations imposed by the Private Security Act. This exemption allows them to engage in private security employment without the need for additional licensing as typically required under state law.

Contention

The bill's provisions may raise questions about accountability and oversight of peace officers working in dual roles. Critics may argue that exempting law enforcement personnel from the Private Security Act could lead to blurred lines in their responsibilities and potential conflicts of interest, particularly in cases where officers are involved in private security activities while also responding to community law enforcement duties. Proponents, on the other hand, advocate that it will provide flexibility to law enforcement officers to increase their earnings and promote better security practices in their communities.

Additional points

The revisions within HB 461 reflect an ongoing trend to balance the responsibilities of peace officers between public safety and private employment opportunities. With the effective date set for September 1, 2013, the bill emphasizes the state's intention to accommodate the growing demands for private security, especially as law enforcement agencies seek to address budget constraints and officer availability.