Texas 2021 - 87th Regular

Texas House Bill HB3756 Compare Versions

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11 87R12730 JRR-F
22 By: Goldman H.B. No. 3756
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to airport police forces, including the authority to
88 commission peace officers and the rights, privileges, and duties of
99 those officers.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Article 2.12, Code of Criminal Procedure, is
1212 amended to read as follows:
1313 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
1414 officers:
1515 (1) sheriffs, their deputies, and those reserve
1616 deputies who hold a permanent peace officer license issued under
1717 Chapter 1701, Occupations Code;
1818 (2) constables, deputy constables, and those reserve
1919 deputy constables who hold a permanent peace officer license issued
2020 under Chapter 1701, Occupations Code;
2121 (3) marshals or police officers of an incorporated
2222 city, town, or village, and those reserve municipal police officers
2323 who hold a permanent peace officer license issued under Chapter
2424 1701, Occupations Code;
2525 (4) rangers, officers, and members of the reserve
2626 officer corps commissioned by the Public Safety Commission and the
2727 Director of the Department of Public Safety;
2828 (5) investigators of the district attorneys', criminal
2929 district attorneys', and county attorneys' offices;
3030 (6) law enforcement agents of the Texas Alcoholic
3131 Beverage Commission;
3232 (7) each member of an arson investigating unit
3333 commissioned by a city, a county, or the state;
3434 (8) officers commissioned under Section 37.081,
3535 Education Code, or Subchapter E, Chapter 51, Education Code;
3636 (9) officers commissioned by the General Services
3737 Commission;
3838 (10) law enforcement officers commissioned by the
3939 Parks and Wildlife Commission;
4040 (11) [airport police] officers commissioned under
4141 Chapter 23, Transportation Code [by a city with a population of more
4242 than 1.18 million located primarily in a county with a population of
4343 2 million or more that operates an airport that serves commercial
4444 air carriers];
4545 (12) [airport security personnel commissioned as
4646 peace officers by the governing body of any political subdivision
4747 of this state, other than a city described by Subdivision (11), that
4848 operates an airport that serves commercial air carriers;
4949 [(13)] municipal park and recreational patrolmen and
5050 security officers;
5151 (13) [(14)] security officers and investigators
5252 commissioned as peace officers by the comptroller;
5353 (14) [(15)] officers commissioned by a water control
5454 and improvement district under Section 49.216, Water Code;
5555 (15) [(16)] officers commissioned by a board of
5656 trustees under Chapter 54, Transportation Code;
5757 (16) [(17)] investigators commissioned by the Texas
5858 Medical Board;
5959 (17) [(18)] officers commissioned by:
6060 (A) the board of managers of the Dallas County
6161 Hospital District, the Tarrant County Hospital District, the Bexar
6262 County Hospital District, or the El Paso County Hospital District
6363 under Section 281.057, Health and Safety Code;
6464 (B) the board of directors of the Ector County
6565 Hospital District under Section 1024.117, Special District Local
6666 Laws Code;
6767 (C) the board of directors of the Midland County
6868 Hospital District of Midland County, Texas, under Section 1061.121,
6969 Special District Local Laws Code; and
7070 (D) the board of hospital managers of the Lubbock
7171 County Hospital District of Lubbock County, Texas, under Section
7272 1053.113, Special District Local Laws Code;
7373 (18) [(19)] county park rangers commissioned under
7474 Subchapter E, Chapter 351, Local Government Code;
7575 (19) [(20)] investigators employed by the Texas
7676 Racing Commission;
7777 (20) [(21)] officers commissioned under Chapter 554,
7878 Occupations Code;
7979 (21) [(22)] officers commissioned by the governing
8080 body of a metropolitan rapid transit authority under Section
8181 451.108, Transportation Code, or by a regional transportation
8282 authority under Section 452.110, Transportation Code;
8383 (22) [(23)] investigators commissioned by the
8484 attorney general under Section 402.009, Government Code;
8585 (23) [(24)] security officers and investigators
8686 commissioned as peace officers under Chapter 466, Government Code;
8787 (24) [(25)] officers appointed by an appellate court
8888 under Subchapter F, Chapter 53, Government Code;
8989 (25) [(26)] officers commissioned by the state fire
9090 marshal under Chapter 417, Government Code;
9191 (26) [(27)] an investigator commissioned by the
9292 commissioner of insurance under Section 701.104, Insurance Code;
9393 (27) [(28)] apprehension specialists and inspectors
9494 general commissioned by the Texas Juvenile Justice Department as
9595 officers under Sections 242.102 and 243.052, Human Resources Code;
9696 (28) [(29)] officers appointed by the inspector
9797 general of the Texas Department of Criminal Justice under Section
9898 493.019, Government Code;
9999 (29) [(30)] investigators commissioned by the Texas
100100 Commission on Law Enforcement under Section 1701.160, Occupations
101101 Code;
102102 (30) [(31)] commission investigators commissioned by
103103 the Texas Private Security Board under Section 1702.061,
104104 Occupations Code;
105105 (31) [(32)] the fire marshal and any officers,
106106 inspectors, or investigators commissioned by an emergency services
107107 district under Chapter 775, Health and Safety Code;
108108 (32) [(33)] officers commissioned by the State Board
109109 of Dental Examiners under Section 254.013, Occupations Code,
110110 subject to the limitations imposed by that section;
111111 (33) [(34)] investigators commissioned by the Texas
112112 Juvenile Justice Department as officers under Section 221.011,
113113 Human Resources Code; and
114114 (34) [(35)] the fire marshal and any related officers,
115115 inspectors, or investigators commissioned by a county under
116116 Subchapter B, Chapter 352, Local Government Code.
117117 SECTION 2. The heading to Chapter 23, Transportation Code,
118118 is amended to read as follows:
119119 CHAPTER 23. AIRPORT POLICE FORCES [SECURITY PERSONNEL]
120120 SECTION 3. Section 23.001, Transportation Code, is amended
121121 to read as follows:
122122 Sec. 23.001. ESTABLISHMENT OF AIRPORT POLICE [SECURITY]
123123 FORCE; COMMISSIONING OF PEACE OFFICERS. The governing body of a
124124 joint board, as defined by Section 22.071, or the governing body of
125125 a political subdivision that operates an airport served by an air
126126 carrier certificated by the Federal Aviation Administration [Civil
127127 Aeronautics Board] or the United States Department of
128128 Transportation may:
129129 (1) establish an airport police [security] force; and
130130 (2) commission and employ a peace officer, subject to
131131 Chapter 1701, Occupations Code, if the employee takes and files the
132132 oath required of peace officers [employ airport security
133133 personnel].
134134 SECTION 4. Sections 23.002 and 23.003, Transportation Code,
135135 are repealed.
136136 SECTION 5. This Act takes effect September 1, 2021.