| 1 | 1 | | By: Hall, et al. S.B. No. 357 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the employment of honorably retired peace officers as |
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| 7 | 7 | | school district security personnel and the applicability to those |
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| 8 | 8 | | officers of certain law governing private security. |
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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. Section 37.081, Education Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) The board of trustees of any school district may employ |
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| 14 | 14 | | security personnel, enter into a memorandum of understanding with a |
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| 15 | 15 | | local law enforcement agency for the provision of school resource |
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| 16 | 16 | | officers, and commission peace officers to carry out this |
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| 17 | 17 | | subchapter. If a board of trustees authorizes a person employed as |
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| 18 | 18 | | security personnel to carry a weapon, the person must be a |
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| 19 | 19 | | commissioned peace officer or an honorably retired peace officer, |
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| 20 | 20 | | as that term is defined by Section 614.121, Government Code. The |
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| 21 | 21 | | jurisdiction of a peace officer, a school resource officer, or |
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| 22 | 22 | | security personnel under this section shall be determined by the |
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| 23 | 23 | | board of trustees and may include all territory in the boundaries of |
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| 24 | 24 | | the school district and all property outside the boundaries of the |
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| 25 | 25 | | district that is owned, leased, or rented by or otherwise under the |
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| 26 | 26 | | control of the school district and the board of trustees that employ |
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| 27 | 27 | | the peace officer or security personnel or that enter into a |
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| 28 | 28 | | memorandum of understanding for the provision of a school resource |
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| 29 | 29 | | officer. |
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| 30 | 30 | | (a-1) An honorably retired peace officer employed as |
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| 31 | 31 | | security personnel under Subsection (a) must: |
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| 32 | 32 | | (1) keep their commission in active status; and |
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| 33 | 33 | | (2) fulfill all applicable requirements under |
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| 34 | 34 | | Sections 1701.351 and 1701.352, Occupations Code. |
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| 35 | 35 | | SECTION 2. Section 1702.322, Occupations Code, is amended |
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| 36 | 36 | | to read as follows: |
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| 37 | 37 | | Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter |
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| 38 | 38 | | does not apply to: |
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| 39 | 39 | | (1) a person who is a peace officer or an honorably |
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| 40 | 40 | | retired peace officer, as that term is defined by Section 614.121, |
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| 41 | 41 | | Government Code, [has full-time employment as a peace officer] and |
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| 42 | 42 | | who receives compensation for private employment on an individual |
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| 43 | 43 | | or an independent contractor basis as a patrolman, guard, extra job |
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| 44 | 44 | | coordinator, or watchman if the officer: |
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| 45 | 45 | | (A) is employed in an employee-employer |
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| 46 | 46 | | relationship or employed on an individual contractual basis: |
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| 47 | 47 | | (i) directly by the recipient of the |
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| 48 | 48 | | services; or |
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| 49 | 49 | | (ii) by a company licensed under this |
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| 50 | 50 | | chapter; |
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| 51 | 51 | | (B) is not in the employ of another peace |
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| 52 | 52 | | officer; |
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| 53 | 53 | | (C) [is not a reserve peace officer; and |
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| 54 | 54 | | [(D) works as a peace officer on the average of at |
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| 55 | 55 | | least 32 hours a week,] is compensated [by the state or a political |
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| 56 | 56 | | subdivision of the state] at least at the minimum wage by: |
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| 57 | 57 | | (i) for a peace officer, the state or a |
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| 58 | 58 | | political subdivision of the state; or |
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| 59 | 59 | | (ii) for an honorably retired peace |
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| 60 | 60 | | officer, a school district; and |
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| 61 | 61 | | (D) is entitled to all employee benefits offered |
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| 62 | 62 | | to a peace officer by the state or political subdivision described |
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| 63 | 63 | | by Paragraph (C); |
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| 64 | 64 | | (2) a reserve peace officer while the reserve officer |
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| 65 | 65 | | is performing guard, patrolman, or watchman duties for a county and |
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| 66 | 66 | | is being compensated solely by that county; |
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| 67 | 67 | | (3) a peace officer acting in an official capacity in |
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| 68 | 68 | | responding to a burglar alarm or detection device; or |
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| 69 | 69 | | (4) a person engaged in the business of electronic |
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| 70 | 70 | | monitoring of an individual as a condition of that individual's |
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| 71 | 71 | | community supervision, parole, mandatory supervision, or release |
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| 72 | 72 | | on bail, if the person does not perform any other service that |
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| 73 | 73 | | requires a license under this chapter. |
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| 74 | 74 | | SECTION 3. This Act takes effect immediately if it receives |
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| 75 | 75 | | a vote of two-thirds of all the members elected to each house, as |
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| 76 | 76 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 77 | 77 | | Act does not receive the vote necessary for immediate effect, this |
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| 78 | 78 | | Act takes effect September 1, 2023. |
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