83R3183 MAW-F
By: Menendez H.B. No. 461
A BILL TO BE ENTITLED
AN ACT
relating to exemption from application of the Private Security Act
of certain peace officers employed by a law enforcement agency.
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, elected, 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 by which the officer is employed or, in the case
of an appointed or elected peace officer, serves the law
enforcement agency [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 September 1, 2013.