Texas 2019 - 86th Regular

Texas House Bill HB2801 Compare Versions

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

Old	New	Differences
1	1	86R12481 JRR-F
2	2	By: Goldman H.B. No. 2801
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to airport police forces and security vehicles, including
8	8	the authority to commission peace officers and the rights,
9	9	privileges, and duties of those officers.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 2.12, Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
14	14	officers:
15	15	(1) sheriffs, their deputies, and those reserve
16	16	deputies who hold a permanent peace officer license issued under
17	17	Chapter 1701, Occupations Code;
18	18	(2) constables, deputy constables, and those reserve
19	19	deputy constables who hold a permanent peace officer license issued
20	20	under Chapter 1701, Occupations Code;
21	21	(3) marshals or police officers of an incorporated
22	22	city, town, or village, and those reserve municipal police officers
23	23	who hold a permanent peace officer license issued under Chapter
24	24	1701, Occupations Code;
25	25	(4) rangers, officers, and members of the reserve
26	26	officer corps commissioned by the Public Safety Commission and the
27	27	Director of the Department of Public Safety;
28	28	(5) investigators of the district attorneys', criminal
29	29	district attorneys', and county attorneys' offices;
30	30	(6) law enforcement agents of the Texas Alcoholic
31	31	Beverage Commission;
32	32	(7) each member of an arson investigating unit
33	33	commissioned by a city, a county, or the state;
34	34	(8) officers commissioned under Section 37.081,
35	35	Education Code, or Subchapter E, Chapter 51, Education Code;
36	36	(9) officers commissioned by the General Services
37	37	Commission;
38	38	(10) law enforcement officers commissioned by the
39	39	Parks and Wildlife Commission;
40	40	(11) [airport police] officers commissioned under
41	41	Chapter 23, Transportation Code [by a city with a population of more
42	42	than 1.18 million located primarily in a county with a population of
43	43	2 million or more that operates an airport that serves commercial
44	44	air carriers];
45	45	(12) [airport security personnel commissioned as
46	46	peace officers by the governing body of any political subdivision
47	47	of this state, other than a city described by Subdivision (11), that
48	48	operates an airport that serves commercial air carriers;
49	49	[(13)] municipal park and recreational patrolmen and
50	50	security officers;
51	51	(13) [(14)] security officers and investigators
52	52	commissioned as peace officers by the comptroller;
53	53	(14) [(15)] officers commissioned by a water control
54	54	and improvement district under Section 49.216, Water Code;
55	55	(15) [(16)] officers commissioned by a board of
56	56	trustees under Chapter 54, Transportation Code;
57	57	(16) [(17)] investigators commissioned by the Texas
58	58	Medical Board;
59	59	(17) [(18)] officers commissioned by:
60	60	(A) the board of managers of the Dallas County
61	61	Hospital District, the Tarrant County Hospital District, the Bexar
62	62	County Hospital District, or the El Paso County Hospital District
63	63	under Section 281.057, Health and Safety Code;
64	64	(B) the board of directors of the Ector County
65	65	Hospital District under Section 1024.117, Special District Local
66	66	Laws Code; and
67	67	(C) the board of directors of the Midland County
68	68	Hospital District of Midland County, Texas, under Section 1061.121,
69	69	Special District Local Laws Code;
70	70	(18) [(19)] county park rangers commissioned under
71	71	Subchapter E, Chapter 351, Local Government Code;
72	72	(19) [(20)] investigators employed by the Texas
73	73	Racing Commission;
74	74	(20) [(21)] officers commissioned under Chapter 554,
75	75	Occupations Code;
76	76	(21) [(22)] officers commissioned by the governing
77	77	body of a metropolitan rapid transit authority under Section
78	78	451.108, Transportation Code, or by a regional transportation
79	79	authority under Section 452.110, Transportation Code;
80	80	(22) [(23)] investigators commissioned by the
81	81	attorney general under Section 402.009, Government Code;
82	82	(23) [(24)] security officers and investigators
83	83	commissioned as peace officers under Chapter 466, Government Code;
84	84	(24) [(25)] officers appointed by an appellate court
85	85	under Subchapter F, Chapter 53, Government Code;
86	86	(25) [(26)] officers commissioned by the state fire
87	87	marshal under Chapter 417, Government Code;
88	88	(26) [(27)] an investigator commissioned by the
89	89	commissioner of insurance under Section 701.104, Insurance Code;
90	90	(27) [(28)] apprehension specialists and inspectors
91	91	general commissioned by the Texas Juvenile Justice Department as
92	92	officers under Sections 242.102 and 243.052, Human Resources Code;
93	93	(28) [(29)] officers appointed by the inspector
94	94	general of the Texas Department of Criminal Justice under Section
95	95	493.019, Government Code;
96	96	(29) [(30)] investigators commissioned by the Texas
97	97	Commission on Law Enforcement under Section 1701.160, Occupations
98	98	Code;
99	99	(30) [(31)] commission investigators commissioned by
100	100	the Texas Private Security Board under Section 1702.061,
101	101	Occupations Code;
102	102	(31) [(32)] the fire marshal and any officers,
103	103	inspectors, or investigators commissioned by an emergency services
104	104	district under Chapter 775, Health and Safety Code;
105	105	(32) [(33)] officers commissioned by the State Board
106	106	of Dental Examiners under Section 254.013, Occupations Code,
107	107	subject to the limitations imposed by that section;
108	108	(33) [(34)] investigators commissioned by the Texas
109	109	Juvenile Justice Department as officers under Section 221.011,
110	110	Human Resources Code; and
111	111	(34) [(35)] the fire marshal and any related officers,
112	112	inspectors, or investigators commissioned by a county under
113	113	Subchapter B, Chapter 352, Local Government Code.
114	114	SECTION 2. Section 22.091, Transportation Code, as added by
115	115	Chapter 723 (S.B. 1024), Acts of the 85th Legislature, Regular
116	116	Session, 2017, is redesignated as Section 22.092, Transportation
117	117	Code, to read as follows:
118	118	Sec. 22.092 [22.091]. AIRPORT SECURITY VEHICLES. (a) In
119	119	this section, "airport security vehicle" means a motor vehicle
120	120	that:
121	121	(1) is owned or leased by a joint board; and
122	122	(2) has been designated or authorized by the joint
123	123	board.
124	124	(b) An airport security vehicle may be equipped with
125	125	flashing blue and amber lights visible from directly in front of the
126	126	center of the vehicle.
127	127	SECTION 3. The heading to Chapter 23, Transportation Code,
128	128	is amended to read as follows:
129	129	CHAPTER 23. AIRPORT POLICE FORCES [SECURITY PERSONNEL]
130	130	SECTION 4. Section 23.001, Transportation Code, is amended
131	131	to read as follows:
132	132	Sec. 23.001. ESTABLISHMENT OF AIRPORT POLICE [SECURITY]
133	133	FORCE; COMMISSIONING OF PEACE OFFICERS. The governing body of a
134	134	joint board, as defined by Section 22.071, or other political
135	135	subdivision that operates an airport served by an air carrier
136	136	certificated by the Federal Aviation Administration [Civil
137	137	Aeronautics Board] or the United States Department of
138	138	Transportation may:
139	139	(1) establish an airport police [security] force; and
140	140	(2) commission and employ a peace officer, subject to
141	141	Chapter 1701, Occupations Code, if the employee takes and files the
142	142	oath required of peace officers [employ airport security
143	143	personnel].
144	144	SECTION 5. Sections 23.002 and 23.003, Transportation Code,
145	145	are repealed.
146	146	SECTION 6. To the extent of any conflict, this Act prevails
147	147	over another Act of the 86th Legislature, Regular Session, 2019,
148	148	relating to nonsubstantive additions to and corrections in enacted
149	149	codes.
150	150	SECTION 7. This Act takes effect September 1, 2019.