| 1 | 1 | | 86R5525 JCG-D |
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| 2 | 2 | | By: King of Parker H.B. No. 1451 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to peace officers commissioned by the Texas Commission on |
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| 8 | 8 | | Law Enforcement for disaster response. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 1701, Occupations Code, is |
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| 11 | 11 | | amended by adding Section 1701.1601 to read as follows: |
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| 12 | 12 | | Sec. 1701.1601. AUTHORITY TO COMMISSION OFFICERS FOR |
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| 13 | 13 | | DISASTER RESPONSE. (a) In this section: |
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| 14 | 14 | | (1) "Disaster" has the meaning assigned by Section |
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| 15 | 15 | | 418.004, Government Code. |
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| 16 | 16 | | (2) "State active duty" and "Texas State Guard" have |
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| 17 | 17 | | the meanings assigned by Section 437.001, Government Code. |
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| 18 | 18 | | (b) Subject to Subsection (c), the commission may |
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| 19 | 19 | | commission as a peace officer an individual who is: |
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| 20 | 20 | | (1) a peace officer elected, employed, or appointed by |
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| 21 | 21 | | a political subdivision of this state at the time the individual is |
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| 22 | 22 | | commissioned under this section; and |
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| 23 | 23 | | (2) called to state active duty as a member of the |
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| 24 | 24 | | Texas State Guard for the purpose of responding to a disaster. |
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| 25 | 25 | | (c) A commission under this section expires on the earlier |
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| 26 | 26 | | of: |
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| 27 | 27 | | (1) the date the individual's state active duty ends; |
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| 28 | 28 | | or |
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| 29 | 29 | | (2) the date responding to a disaster ceases to be the |
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| 30 | 30 | | primary purpose for the state active duty. |
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| 31 | 31 | | (d) The commission is not required to comply with Section |
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| 32 | 32 | | 1701.303 with respect to a peace officer commissioned under this |
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| 33 | 33 | | section. |
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| 34 | 34 | | SECTION 2. Article 2.12, Code of Criminal Procedure, is |
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| 35 | 35 | | amended to read as follows: |
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| 36 | 36 | | Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace |
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| 37 | 37 | | officers: |
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| 38 | 38 | | (1) sheriffs, their deputies, and those reserve |
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| 39 | 39 | | deputies who hold a permanent peace officer license issued under |
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| 40 | 40 | | Chapter 1701, Occupations Code; |
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| 41 | 41 | | (2) constables, deputy constables, and those reserve |
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| 42 | 42 | | deputy constables who hold a permanent peace officer license issued |
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| 43 | 43 | | under Chapter 1701, Occupations Code; |
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| 44 | 44 | | (3) marshals or police officers of an incorporated |
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| 45 | 45 | | city, town, or village, and those reserve municipal police officers |
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| 46 | 46 | | who hold a permanent peace officer license issued under Chapter |
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| 47 | 47 | | 1701, Occupations Code; |
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| 48 | 48 | | (4) rangers, officers, and members of the reserve |
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| 49 | 49 | | officer corps commissioned by the Public Safety Commission and the |
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| 50 | 50 | | Director of the Department of Public Safety; |
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| 51 | 51 | | (5) investigators of the district attorneys', criminal |
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| 52 | 52 | | district attorneys', and county attorneys' offices; |
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| 53 | 53 | | (6) law enforcement agents of the Texas Alcoholic |
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| 54 | 54 | | Beverage Commission; |
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| 55 | 55 | | (7) each member of an arson investigating unit |
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| 56 | 56 | | commissioned by a city, a county, or the state; |
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| 57 | 57 | | (8) officers commissioned under Section 37.081, |
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| 58 | 58 | | Education Code, or Subchapter E, Chapter 51, Education Code; |
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| 59 | 59 | | (9) officers commissioned by the General Services |
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| 60 | 60 | | Commission; |
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| 61 | 61 | | (10) law enforcement officers commissioned by the |
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| 62 | 62 | | Parks and Wildlife Commission; |
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| 63 | 63 | | (11) airport police officers commissioned by a city |
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| 64 | 64 | | with a population of more than 1.18 million located primarily in a |
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| 65 | 65 | | county with a population of 2 million or more that operates an |
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| 66 | 66 | | airport that serves commercial air carriers; |
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| 67 | 67 | | (12) airport security personnel commissioned as peace |
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| 68 | 68 | | officers by the governing body of any political subdivision of this |
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| 69 | 69 | | state, other than a city described by Subdivision (11), that |
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| 70 | 70 | | operates an airport that serves commercial air carriers; |
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| 71 | 71 | | (13) municipal park and recreational patrolmen and |
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| 72 | 72 | | security officers; |
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| 73 | 73 | | (14) security officers and investigators commissioned |
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| 74 | 74 | | as peace officers by the comptroller; |
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| 75 | 75 | | (15) officers commissioned by a water control and |
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| 76 | 76 | | improvement district under Section 49.216, Water Code; |
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| 77 | 77 | | (16) officers commissioned by a board of trustees |
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| 78 | 78 | | under Chapter 54, Transportation Code; |
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| 79 | 79 | | (17) investigators commissioned by the Texas Medical |
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| 80 | 80 | | Board; |
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| 81 | 81 | | (18) officers commissioned by: |
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| 82 | 82 | | (A) the board of managers of the Dallas County |
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| 83 | 83 | | Hospital District, the Tarrant County Hospital District, the Bexar |
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| 84 | 84 | | County Hospital District, or the El Paso County Hospital District |
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| 85 | 85 | | under Section 281.057, Health and Safety Code; |
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| 86 | 86 | | (B) the board of directors of the Ector County |
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| 87 | 87 | | Hospital District under Section 1024.117, Special District Local |
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| 88 | 88 | | Laws Code; and |
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| 89 | 89 | | (C) the board of directors of the Midland County |
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| 90 | 90 | | Hospital District of Midland County, Texas, under Section 1061.121, |
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| 91 | 91 | | Special District Local Laws Code; |
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| 92 | 92 | | (19) county park rangers commissioned under |
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| 93 | 93 | | Subchapter E, Chapter 351, Local Government Code; |
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| 94 | 94 | | (20) investigators employed by the Texas Racing |
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| 95 | 95 | | Commission; |
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| 96 | 96 | | (21) officers commissioned under Chapter 554, |
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| 97 | 97 | | Occupations Code; |
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| 98 | 98 | | (22) officers commissioned by the governing body of a |
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| 99 | 99 | | metropolitan rapid transit authority under Section 451.108, |
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| 100 | 100 | | Transportation Code, or by a regional transportation authority |
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| 101 | 101 | | under Section 452.110, Transportation Code; |
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| 102 | 102 | | (23) investigators commissioned by the attorney |
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| 103 | 103 | | general under Section 402.009, Government Code; |
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| 104 | 104 | | (24) security officers and investigators commissioned |
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| 105 | 105 | | as peace officers under Chapter 466, Government Code; |
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| 106 | 106 | | (25) officers appointed by an appellate court under |
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| 107 | 107 | | Subchapter F, Chapter 53, Government Code; |
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| 108 | 108 | | (26) officers commissioned by the state fire marshal |
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| 109 | 109 | | under Chapter 417, Government Code; |
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| 110 | 110 | | (27) an investigator commissioned by the commissioner |
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| 111 | 111 | | of insurance under Section 701.104, Insurance Code; |
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| 112 | 112 | | (28) apprehension specialists and inspectors general |
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| 113 | 113 | | commissioned by the Texas Juvenile Justice Department as officers |
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| 114 | 114 | | under Sections 242.102 and 243.052, Human Resources Code; |
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| 115 | 115 | | (29) officers appointed by the inspector general of |
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| 116 | 116 | | the Texas Department of Criminal Justice under Section 493.019, |
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| 117 | 117 | | Government Code; |
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| 118 | 118 | | (30) investigators or officers commissioned by the |
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| 119 | 119 | | Texas Commission on Law Enforcement under Section 1701.160 or |
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| 120 | 120 | | 1701.1601, as applicable, Occupations Code; |
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| 121 | 121 | | (31) commission investigators commissioned by the |
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| 122 | 122 | | Texas Private Security Board under Section 1702.061, Occupations |
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| 123 | 123 | | Code; |
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| 124 | 124 | | (32) the fire marshal and any officers, inspectors, or |
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| 125 | 125 | | investigators commissioned by an emergency services district under |
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| 126 | 126 | | Chapter 775, Health and Safety Code; |
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| 127 | 127 | | (33) officers commissioned by the State Board of |
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| 128 | 128 | | Dental Examiners under Section 254.013, Occupations Code, subject |
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| 129 | 129 | | to the limitations imposed by that section; |
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| 130 | 130 | | (34) investigators commissioned by the Texas Juvenile |
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| 131 | 131 | | Justice Department as officers under Section 221.011, Human |
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| 132 | 132 | | Resources Code; and |
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| 133 | 133 | | (35) the fire marshal and any related officers, |
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| 134 | 134 | | inspectors, or investigators commissioned by a county under |
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| 135 | 135 | | Subchapter B, Chapter 352, Local Government Code. |
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| 136 | 136 | | SECTION 3. This Act takes effect September 1, 2019. |
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