| 1 | 1 | | 83R13649 MAW-D |
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| 2 | 2 | | By: Menendez H.B. No. 461 |
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| 3 | 3 | | Substitute the following for H.B. No. 461: |
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| 4 | 4 | | By: Pickett C.S.H.B. No. 461 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to exemption from application of the Private Security Act |
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| 10 | 10 | | of certain peace officers employed by a law enforcement agency. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 1702.322, Occupations Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter |
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| 15 | 15 | | does not apply to: |
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| 16 | 16 | | (1) a person who is a chief of police, sheriff, |
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| 17 | 17 | | constable, or other chief administrator of a law enforcement agency |
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| 18 | 18 | | in this state or is employed by the chief administrator of a law |
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| 19 | 19 | | enforcement agency [has full-time employment] as a peace officer, |
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| 20 | 20 | | as defined by Section 1701.001, in accordance with the licensing |
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| 21 | 21 | | requirements provided for by the rules of the Commission on Law |
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| 22 | 22 | | Enforcement Officer Standards and Education and who receives |
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| 23 | 23 | | compensation for private employment on an individual or an |
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| 24 | 24 | | independent contractor basis as a patrolman, guard, extra job |
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| 25 | 25 | | coordinator, or watchman if [the officer]: |
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| 26 | 26 | | (A) the peace officer is employed by the private |
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| 27 | 27 | | employer in an employee-employer relationship or [employed] on an |
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| 28 | 28 | | individual contractual basis: |
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| 29 | 29 | | (i) directly by the recipient of the |
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| 30 | 30 | | services; or |
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| 31 | 31 | | (ii) by a company licensed under this |
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| 32 | 32 | | chapter; |
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| 33 | 33 | | (B) the private employment does not require the |
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| 34 | 34 | | peace officer to be [is not] in the employ of another peace officer; |
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| 35 | 35 | | (C) the peace officer is not a reserve peace |
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| 36 | 36 | | officer; and |
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| 37 | 37 | | (D) the peace officer works for the law |
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| 38 | 38 | | enforcement agency by which the officer is employed [as a peace |
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| 39 | 39 | | officer] on the average of at least 32 hours a week, is compensated |
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| 40 | 40 | | by the state or a political subdivision of the state at least at the |
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| 41 | 41 | | minimum wage, and is entitled to all employee benefits offered to a |
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| 42 | 42 | | peace officer by the state or political subdivision; |
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| 43 | 43 | | (2) a reserve peace officer while the reserve officer |
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| 44 | 44 | | is performing guard, patrolman, or watchman duties for a county and |
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| 45 | 45 | | is being compensated solely by that county; |
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| 46 | 46 | | (3) a peace officer acting in an official capacity in |
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| 47 | 47 | | responding to a burglar alarm or detection device; or |
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| 48 | 48 | | (4) a person engaged in the business of electronic |
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| 49 | 49 | | monitoring of an individual as a condition of that individual's |
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| 50 | 50 | | community supervision, parole, mandatory supervision, or release |
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| 51 | 51 | | on bail, if the person does not perform any other service that |
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| 52 | 52 | | requires a license under this chapter. |
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| 53 | 53 | | SECTION 2. This Act takes effect September 1, 2013. |
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