85R6639 TJB-F
By: Neave H.B. No. 1969
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a municipal marshal reserve force.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.12, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
officers:
(1) sheriffs, their deputies, and those reserve
deputies who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) constables, deputy constables, and those reserve
deputy constables who hold a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated
city, town, or village, and those reserve municipal deputy marshals
or reserve municipal police officers who hold a permanent peace
officer license issued under Chapter 1701, Occupations Code;
(4) rangers, officers, and members of the reserve
officer corps commissioned by the Public Safety Commission and the
Director of the Department of Public Safety;
(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic
Beverage Commission;
(7) each member of an arson investigating unit
commissioned by a city, a county, or the state;
(8) officers commissioned under Section 37.081,
Education Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services
Commission;
(10) law enforcement officers commissioned by the
Parks and Wildlife Commission;
(11) airport police officers commissioned by a city
with a population of more than 1.18 million located primarily in a
county with a population of 2 million or more that operates an
airport that serves commercial air carriers;
(12) airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that
operates an airport that serves commercial air carriers;
(13) municipal park and recreational patrolmen and
security officers;
(14) security officers and investigators commissioned
as peace officers by the comptroller;
(15) officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
(16) officers commissioned by a board of trustees
under Chapter 54, Transportation Code;
(17) investigators commissioned by the Texas Medical
Board;
(18) officers commissioned by:
(A) the board of managers of the Dallas County
Hospital District, the Tarrant County Hospital District, the Bexar
County Hospital District, or the El Paso County Hospital District
under Section 281.057, Health and Safety Code;
(B) the board of directors of the Ector County
Hospital District under Section 1024.117, Special District Local
Laws Code; and
(C) the board of directors of the Midland County
Hospital District of Midland County, Texas, under Section 1061.121,
Special District Local Laws Code;
(19) county park rangers commissioned under
Subchapter E, Chapter 351, Local Government Code;
(20) investigators employed by the Texas Racing
Commission;
(21) officers commissioned under Chapter 554,
Occupations Code;
(22) officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority
under Section 452.110, Transportation Code;
(23) investigators commissioned by the attorney
general under Section 402.009, Government Code;
(24) security officers and investigators commissioned
as peace officers under Chapter 466, Government Code;
(25) officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(26) officers commissioned by the state fire marshal
under Chapter 417, Government Code;
(27) an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(28) apprehension specialists and inspectors general
commissioned by the Texas Juvenile Justice Department as officers
under Sections 242.102 and 243.052, Human Resources Code;
(29) officers appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(30) investigators commissioned by the Texas
Commission on Law Enforcement under Section 1701.160, Occupations
Code;
(31) commission investigators commissioned by the
Texas Private Security Board under Section 1702.061, Occupations
Code;
(32) the fire marshal and any officers, inspectors, or
investigators commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(33) officers commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section;
(34) investigators commissioned by the Texas Juvenile
Justice Department as officers under Section 221.011, Human
Resources Code; and
(35) the fire marshal and any related officers,
inspectors, or investigators commissioned by a county under
Subchapter B, Chapter 352, Local Government Code.
SECTION 2. The heading to Section 341.012, Local Government
Code, is amended to read as follows:
Sec. 341.012. POLICE RESERVE FORCE; MARSHAL RESERVE FORCE.
SECTION 3. Sections 341.012(a), (b), (c), (d), (e), (g),
and (h), Local Government Code, are amended to read as follows:
(a) The governing body of a municipality may provide for the
establishment of a police reserve force or a marshal reserve force.
(b) The governing body shall establish qualifications and
standards of training for members of each [the] reserve force.
(c) The governing body may limit the size of each [the]
reserve force.
(d) The chief of police shall appoint the members of the
police reserve force. The municipal marshal shall appoint the
members of the marshal reserve force. Members of a reserve force
serve at the [chief's] discretion of the officer who appointed them
or a successor in office to that officer.
(e) The chief of police may call the police reserve force
into service, and the marshal may call the marshal reserve force
into service, at any time the officer [chief] considers it
necessary to have additional peace officers to preserve the peace
and enforce the law.
(g) An appointment to a [the] reserve force must be approved
by the governing body before the person appointed may carry a weapon
or otherwise act as a peace officer. On approval of the appointment
of a member who is not a peace officer as described by Article 2.12,
Code of Criminal Procedure, the person appointed may carry a weapon
only when authorized to do so by the officer who appointed the
person or a successor in office to that officer, [chief of police]
and only when discharging official duties as a peace officer.
(h) Reserve police officers or reserve deputy marshals may
act only in a supplementary capacity to the regular police force or
marshal's office, as applicable, and may not assume the full-time
duties of regular police officers or deputy marshals without
complying with the requirements for regular police officers or
deputy marshals, as applicable. On approval of the appointment of a
member who is a peace officer as described by Article 2.12, Code of
Criminal Procedure, the appointing chief of police or marshal may
authorize the person appointed to carry a weapon or act as a peace
officer at all times, regardless of whether the person is engaged in
the actual discharge of official duties, or may limit the authority
of the person to carry a weapon or act as a peace officer to only
those times during which the person is engaged in the actual
discharge of official duties. A reserve police officer or reserve
deputy marshal, regardless of whether the person [reserve police
officer] is a peace officer as described by Article 2.12, Code of
Criminal Procedure, is not:
(1) eligible for participation in any program provided
by the governing body that is normally considered a financial
benefit of full-time employment or for any pension fund created by
statute for the benefit of full-time paid peace officers; or
(2) exempt from Chapter 1702, Occupations Code.
SECTION 4. 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, 2017.