86R12481 JRR-F
By: Goldman H.B. No. 2801
A BILL TO BE ENTITLED
AN ACT
relating to airport police forces and security vehicles, including
the authority to commission peace officers and the rights,
privileges, and duties of those officers.
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 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 under
Chapter 23, Transportation Code [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;
(13) [(14)] security officers and investigators
commissioned as peace officers by the comptroller;
(14) [(15)] officers commissioned by a water control
and improvement district under Section 49.216, Water Code;
(15) [(16)] officers commissioned by a board of
trustees under Chapter 54, Transportation Code;
(16) [(17)] investigators commissioned by the Texas
Medical Board;
(17) [(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;
(18) [(19)] county park rangers commissioned under
Subchapter E, Chapter 351, Local Government Code;
(19) [(20)] investigators employed by the Texas
Racing Commission;
(20) [(21)] officers commissioned under Chapter 554,
Occupations Code;
(21) [(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;
(22) [(23)] investigators commissioned by the
attorney general under Section 402.009, Government Code;
(23) [(24)] security officers and investigators
commissioned as peace officers under Chapter 466, Government Code;
(24) [(25)] officers appointed by an appellate court
under Subchapter F, Chapter 53, Government Code;
(25) [(26)] officers commissioned by the state fire
marshal under Chapter 417, Government Code;
(26) [(27)] an investigator commissioned by the
commissioner of insurance under Section 701.104, Insurance Code;
(27) [(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;
(28) [(29)] officers appointed by the inspector
general of the Texas Department of Criminal Justice under Section
493.019, Government Code;
(29) [(30)] investigators commissioned by the Texas
Commission on Law Enforcement under Section 1701.160, Occupations
Code;
(30) [(31)] commission investigators commissioned by
the Texas Private Security Board under Section 1702.061,
Occupations Code;
(31) [(32)] the fire marshal and any officers,
inspectors, or investigators commissioned by an emergency services
district under Chapter 775, Health and Safety Code;
(32) [(33)] officers commissioned by the State Board
of Dental Examiners under Section 254.013, Occupations Code,
subject to the limitations imposed by that section;
(33) [(34)] investigators commissioned by the Texas
Juvenile Justice Department as officers under Section 221.011,
Human Resources Code; and
(34) [(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. Section 22.091, Transportation Code, as added by
Chapter 723 (S.B. 1024), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 22.092, Transportation
Code, to read as follows:
Sec. 22.092 [22.091]. AIRPORT SECURITY VEHICLES. (a) In
this section, "airport security vehicle" means a motor vehicle
that:
(1) is owned or leased by a joint board; and
(2) has been designated or authorized by the joint
board.
(b) An airport security vehicle may be equipped with
flashing blue and amber lights visible from directly in front of the
center of the vehicle.
SECTION 3. The heading to Chapter 23, Transportation Code,
is amended to read as follows:
CHAPTER 23. AIRPORT POLICE FORCES [SECURITY PERSONNEL]
SECTION 4. Section 23.001, Transportation Code, is amended
to read as follows:
Sec. 23.001. ESTABLISHMENT OF AIRPORT POLICE [SECURITY]
FORCE; COMMISSIONING OF PEACE OFFICERS. The governing body of a
joint board, as defined by Section 22.071, or other political
subdivision that operates an airport served by an air carrier
certificated by the Federal Aviation Administration [Civil
Aeronautics Board] or the United States Department of
Transportation may:
(1) establish an airport police [security] force; and
(2) commission and employ a peace officer, subject to
Chapter 1701, Occupations Code, if the employee takes and files the
oath required of peace officers [employ airport security
personnel].
SECTION 5. Sections 23.002 and 23.003, Transportation Code,
are repealed.
SECTION 6. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 7. This Act takes effect September 1, 2019.