Texas 2017 - 85th Regular

Texas House Bill HB1969 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R6639 TJB-F
2	2	By: Neave H.B. No. 1969
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a municipal marshal reserve force.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 2.12, Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
12	12	officers:
13	13	(1) sheriffs, their deputies, and those reserve
14	14	deputies who hold a permanent peace officer license issued under
15	15	Chapter 1701, Occupations Code;
16	16	(2) constables, deputy constables, and those reserve
17	17	deputy constables who hold a permanent peace officer license issued
18	18	under Chapter 1701, Occupations Code;
19	19	(3) marshals or police officers of an incorporated
20	20	city, town, or village, and those reserve municipal deputy marshals
21	21	or reserve municipal police officers who hold a permanent peace
22	22	officer license issued under Chapter 1701, Occupations Code;
23	23	(4) rangers, officers, and members of the reserve
24	24	officer corps commissioned by the Public Safety Commission and the
25	25	Director of the Department of Public Safety;
26	26	(5) investigators of the district attorneys', criminal
27	27	district attorneys', and county attorneys' offices;
28	28	(6) law enforcement agents of the Texas Alcoholic
29	29	Beverage Commission;
30	30	(7) each member of an arson investigating unit
31	31	commissioned by a city, a county, or the state;
32	32	(8) officers commissioned under Section 37.081,
33	33	Education Code, or Subchapter E, Chapter 51, Education Code;
34	34	(9) officers commissioned by the General Services
35	35	Commission;
36	36	(10) law enforcement officers commissioned by the
37	37	Parks and Wildlife Commission;
38	38	(11) airport police officers commissioned by a city
39	39	with a population of more than 1.18 million located primarily in a
40	40	county with a population of 2 million or more that operates an
41	41	airport that serves commercial air carriers;
42	42	(12) airport security personnel commissioned as peace
43	43	officers by the governing body of any political subdivision of this
44	44	state, other than a city described by Subdivision (11), that
45	45	operates an airport that serves commercial air carriers;
46	46	(13) municipal park and recreational patrolmen and
47	47	security officers;
48	48	(14) security officers and investigators commissioned
49	49	as peace officers by the comptroller;
50	50	(15) officers commissioned by a water control and
51	51	improvement district under Section 49.216, Water Code;
52	52	(16) officers commissioned by a board of trustees
53	53	under Chapter 54, Transportation Code;
54	54	(17) investigators commissioned by the Texas Medical
55	55	Board;
56	56	(18) officers commissioned by:
57	57	(A) the board of managers of the Dallas County
58	58	Hospital District, the Tarrant County Hospital District, the Bexar
59	59	County Hospital District, or the El Paso County Hospital District
60	60	under Section 281.057, Health and Safety Code;
61	61	(B) the board of directors of the Ector County
62	62	Hospital District under Section 1024.117, Special District Local
63	63	Laws Code; and
64	64	(C) the board of directors of the Midland County
65	65	Hospital District of Midland County, Texas, under Section 1061.121,
66	66	Special District Local Laws Code;
67	67	(19) county park rangers commissioned under
68	68	Subchapter E, Chapter 351, Local Government Code;
69	69	(20) investigators employed by the Texas Racing
70	70	Commission;
71	71	(21) officers commissioned under Chapter 554,
72	72	Occupations Code;
73	73	(22) officers commissioned by the governing body of a
74	74	metropolitan rapid transit authority under Section 451.108,
75	75	Transportation Code, or by a regional transportation authority
76	76	under Section 452.110, Transportation Code;
77	77	(23) investigators commissioned by the attorney
78	78	general under Section 402.009, Government Code;
79	79	(24) security officers and investigators commissioned
80	80	as peace officers under Chapter 466, Government Code;
81	81	(25) officers appointed by an appellate court under
82	82	Subchapter F, Chapter 53, Government Code;
83	83	(26) officers commissioned by the state fire marshal
84	84	under Chapter 417, Government Code;
85	85	(27) an investigator commissioned by the commissioner
86	86	of insurance under Section 701.104, Insurance Code;
87	87	(28) apprehension specialists and inspectors general
88	88	commissioned by the Texas Juvenile Justice Department as officers
89	89	under Sections 242.102 and 243.052, Human Resources Code;
90	90	(29) officers appointed by the inspector general of
91	91	the Texas Department of Criminal Justice under Section 493.019,
92	92	Government Code;
93	93	(30) investigators commissioned by the Texas
94	94	Commission on Law Enforcement under Section 1701.160, Occupations
95	95	Code;
96	96	(31) commission investigators commissioned by the
97	97	Texas Private Security Board under Section 1702.061, Occupations
98	98	Code;
99	99	(32) the fire marshal and any officers, inspectors, or
100	100	investigators commissioned by an emergency services district under
101	101	Chapter 775, Health and Safety Code;
102	102	(33) officers commissioned by the State Board of
103	103	Dental Examiners under Section 254.013, Occupations Code, subject
104	104	to the limitations imposed by that section;
105	105	(34) investigators commissioned by the Texas Juvenile
106	106	Justice Department as officers under Section 221.011, Human
107	107	Resources Code; and
108	108	(35) the fire marshal and any related officers,
109	109	inspectors, or investigators commissioned by a county under
110	110	Subchapter B, Chapter 352, Local Government Code.
111	111	SECTION 2. The heading to Section 341.012, Local Government
112	112	Code, is amended to read as follows:
113	113	Sec. 341.012. POLICE RESERVE FORCE; MARSHAL RESERVE FORCE.
114	114	SECTION 3. Sections 341.012(a), (b), (c), (d), (e), (g),
115	115	and (h), Local Government Code, are amended to read as follows:
116	116	(a) The governing body of a municipality may provide for the
117	117	establishment of a police reserve force or a marshal reserve force.
118	118	(b) The governing body shall establish qualifications and
119	119	standards of training for members of each [the] reserve force.
120	120	(c) The governing body may limit the size of each [the]
121	121	reserve force.
122	122	(d) The chief of police shall appoint the members of the
123	123	police reserve force. The municipal marshal shall appoint the
124	124	members of the marshal reserve force. Members of a reserve force
125	125	serve at the [chief's] discretion of the officer who appointed them
126	126	or a successor in office to that officer.
127	127	(e) The chief of police may call the police reserve force
128	128	into service, and the marshal may call the marshal reserve force
129	129	into service, at any time the officer [chief] considers it
130	130	necessary to have additional peace officers to preserve the peace
131	131	and enforce the law.
132	132	(g) An appointment to a [the] reserve force must be approved
133	133	by the governing body before the person appointed may carry a weapon
134	134	or otherwise act as a peace officer. On approval of the appointment
135	135	of a member who is not a peace officer as described by Article 2.12,
136	136	Code of Criminal Procedure, the person appointed may carry a weapon
137	137	only when authorized to do so by the officer who appointed the
138	138	person or a successor in office to that officer, [chief of police]
139	139	and only when discharging official duties as a peace officer.
140	140	(h) Reserve police officers or reserve deputy marshals may
141	141	act only in a supplementary capacity to the regular police force or
142	142	marshal's office, as applicable, and may not assume the full-time
143	143	duties of regular police officers or deputy marshals without
144	144	complying with the requirements for regular police officers or
145	145	deputy marshals, as applicable. On approval of the appointment of a
146	146	member who is a peace officer as described by Article 2.12, Code of
147	147	Criminal Procedure, the appointing chief of police or marshal may
148	148	authorize the person appointed to carry a weapon or act as a peace
149	149	officer at all times, regardless of whether the person is engaged in
150	150	the actual discharge of official duties, or may limit the authority
151	151	of the person to carry a weapon or act as a peace officer to only
152	152	those times during which the person is engaged in the actual
153	153	discharge of official duties. A reserve police officer or reserve
154	154	deputy marshal, regardless of whether the person [reserve police
155	155	officer] is a peace officer as described by Article 2.12, Code of
156	156	Criminal Procedure, is not:
157	157	(1) eligible for participation in any program provided
158	158	by the governing body that is normally considered a financial
159	159	benefit of full-time employment or for any pension fund created by
160	160	statute for the benefit of full-time paid peace officers; or
161	161	(2) exempt from Chapter 1702, Occupations Code.
162	162	SECTION 4. This Act takes effect immediately if it receives
163	163	a vote of two-thirds of all the members elected to each house, as
164	164	provided by Section 39, Article III, Texas Constitution. If this
165	165	Act does not receive the vote necessary for immediate effect, this
166	166	Act takes effect September 1, 2017.