86R5525 JCG-D
By: King of Parker H.B. No. 1451
A BILL TO BE ENTITLED
AN ACT
relating to peace officers commissioned by the Texas Commission on
Law Enforcement for disaster response.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 1701, Occupations Code, is
amended by adding Section 1701.1601 to read as follows:
Sec. 1701.1601. AUTHORITY TO COMMISSION OFFICERS FOR
DISASTER RESPONSE. (a) In this section:
(1) "Disaster" has the meaning assigned by Section
418.004, Government Code.
(2) "State active duty" and "Texas State Guard" have
the meanings assigned by Section 437.001, Government Code.
(b) Subject to Subsection (c), the commission may
commission as a peace officer an individual who is:
(1) a peace officer elected, employed, or appointed by
a political subdivision of this state at the time the individual is
commissioned under this section; and
(2) called to state active duty as a member of the
Texas State Guard for the purpose of responding to a disaster.
(c) A commission under this section expires on the earlier
of:
(1) the date the individual's state active duty ends;
or
(2) the date responding to a disaster ceases to be the
primary purpose for the state active duty.
(d) The commission is not required to comply with Section
1701.303 with respect to a peace officer commissioned under this
section.
SECTION 2. 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 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 or officers commissioned by the
Texas Commission on Law Enforcement under Section 1701.160 or
1701.1601, as applicable, 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 3. This Act takes effect September 1, 2019.