83R3103 ATP-D
By: Deuell S.B. No. 570
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of reserve peace officers by a fire
marshal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 775, Health and Safety
Code, is amended by adding Section 775.1085 to read as follows:
Sec. 775.1085. RESERVE PEACE OFFICERS APPOINTED BY DISTRICT
FIRE MARSHAL. (a) The district may authorize the fire marshal to
appoint reserve peace officers who may be called to serve as peace
officers by the fire marshal during the actual discharge of the
reserve peace officers' official duties. The district may limit
the number of reserve peace officers that the fire marshal may
appoint.
(b) A reserve peace officer appointed under this section
serves at the discretion of the fire marshal and may be called into
service if the fire marshal considers it necessary to have
additional officers to preserve the peace or enforce the law in the
district.
(c) The fire marshal may authorize a reserve peace officer
appointed under this section who is a peace officer as described by
Article 2.12, Code of Criminal Procedure, to carry a weapon or act
as a peace officer at all times, regardless of whether the reserve
peace officer is engaged in the actual discharge of official
duties, or may limit the authority of the reserve peace officer
under this section to carry a weapon or act as a peace officer to
only those times during which the reserve peace officer is engaged
in the actual discharge of the officer's official duties.
(d) A reserve peace officer on active duty and actively
engaged in assigned duties has the same rights, privileges, and
duties as any other peace officer of the district.
(e) An organization formed under this section may include
both paid and unpaid peace officers and reserve peace officers.
SECTION 2. Subchapter B, Chapter 352, Local Government
Code, is amended by adding Section 352.0115 to read as follows:
Sec. 352.0115. RESERVE PEACE OFFICERS APPOINTED BY COUNTY
FIRE MARSHAL. (a) The commissioners court may authorize the county
fire marshal to appoint reserve peace officers who may be called to
serve as peace officers by the fire marshal during the actual
discharge of the reserve peace officers' official duties. The
commissioners court may limit the number of reserve peace officers
that the fire marshal may appoint.
(b) A reserve peace officer appointed under this section
serves at the discretion of the fire marshal and may be called into
service if the fire marshal considers it necessary to have
additional officers to preserve the peace or enforce the law in the
county.
(c) The fire marshal may authorize a reserve peace officer
appointed under this section who is a peace officer as described by
Article 2.12, Code of Criminal Procedure, to carry a weapon or act
as a peace officer at all times, regardless of whether the reserve
peace officer is engaged in the actual discharge of official
duties, or may limit the authority of the reserve peace officer
under this section to carry a weapon or act as a peace officer to
only those times during which the reserve peace officer is engaged
in the actual discharge of the officer's official duties.
(d) A reserve peace officer on active duty and actively
engaged in assigned duties has the same rights, privileges, and
duties as any other peace officer of the county.
(e) An organization formed under this section may include
both paid and unpaid peace officers and reserve peace officers.
SECTION 3. 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, 2013.