Texas 2023 - 88th Regular

Texas Senate Bill SB892 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R6209 JCG-D
2	2	By: Zaffirini S.B. No. 892
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the employment of certain peace officers as private
8	8	security officers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 51.212(d), Education Code, is amended to
11	11	read as follows:
12	12	(d) The governing boards of private institutions of higher
13	13	education are authorized to hire and pay on a regular basis peace
14	14	officers commissioned by a municipality, county, or political
15	15	subdivision of this state [an incorporated city]. The officers
16	16	shall be under the supervision of the hiring institution, but shall
17	17	be subject to dismissal and disciplinary action by the
18	18	municipality, county, or political subdivision [city]. A
19	19	municipality, county, or political subdivision of this state [An
20	20	incorporated city] is authorized to contract with a private
21	21	institution of higher education for the use and employment of its
22	22	commissioned officers in any manner agreed to, provided that there
23	23	is no expense incurred by the municipality, county, or political
24	24	subdivision [city].
25	25	SECTION 2. Section 85.004(b), Local Government Code, is
26	26	amended to read as follows:
27	27	(b) A reserve deputy serves at the discretion of the sheriff
28	28	and may be called into service if the sheriff considers it necessary
29	29	to have additional officers to preserve the peace and enforce the
30	30	law. The sheriff may authorize a reserve deputy who is a peace
31	31	officer as described by Article 2.12, Code of Criminal Procedure,
32	32	to carry a weapon or act as a peace officer at all times, regardless
33	33	of whether the reserve deputy is engaged in the actual discharge of
34	34	official duties, or may limit the authority of the reserve deputy to
35	35	carry a weapon or act as a peace officer to only those times during
36	36	which the reserve deputy is engaged in the actual discharge of
37	37	official duties. A reserve deputy who is not a peace officer as
38	38	described by Article 2.12, Code of Criminal Procedure, may act as a
39	39	peace officer only during the actual discharge of official duties.
40	40	A reserve deputy, regardless of whether the reserve deputy is a
41	41	peace officer as described by Article 2.12, Code of Criminal
42	42	Procedure, is not[:
43	43	[(1)] eligible for participation in any program
44	44	provided by the county that is normally considered a financial
45	45	benefit of full-time employment or for any pension fund created by
46	46	statute for the benefit of full-time paid peace officers[; or
47	47	[(2) exempt from Chapter 1702, Occupations Code].
48	48	SECTION 3. Section 86.012(b), Local Government Code, is
49	49	amended to read as follows:
50	50	(b) A reserve deputy constable serves at the discretion of
51	51	the constable and may be called into service at any time that the
52	52	constable considers it necessary to have additional officers to
53	53	preserve the peace and enforce the law. The constable may authorize
54	54	a reserve deputy constable who is a peace officer as described by
55	55	Article 2.12, Code of Criminal Procedure, to carry a weapon or act
56	56	as a peace officer at all times, regardless of whether the reserve
57	57	deputy constable is engaged in the actual discharge of official
58	58	duties, or may limit the authority of the reserve deputy constable
59	59	to carry a weapon or act as a peace officer to only those times
60	60	during which the reserve deputy constable is engaged in the actual
61	61	discharge of official duties. A reserve deputy constable who is not
62	62	a peace officer as described by Article 2.12, Code of Criminal
63	63	Procedure, may act as a peace officer only during the actual
64	64	discharge of official duties. A reserve deputy constable,
65	65	regardless of whether the reserve deputy constable is a peace
66	66	officer as described by Article 2.12, Code of Criminal Procedure,
67	67	is not[:
68	68	[(1)] eligible for participation in any program
69	69	provided by the county that is normally considered a financial
70	70	benefit of full-time employment or for any pension fund created by
71	71	statute for the benefit of full-time paid peace officers[; or
72	72	[(2) exempt from Chapter 1702, Occupations Code].
73	73	SECTION 4. Section 341.012(h), Local Government Code, is
74	74	amended to read as follows:
75	75	(h) Reserve police officers may act only in a supplementary
76	76	capacity to the regular police force and may not assume the
77	77	full-time duties of regular police officers without complying with
78	78	the requirements for regular police officers. On approval of the
79	79	appointment of a member who is a peace officer as described by
80	80	Article 2.12, Code of Criminal Procedure, the chief of police may
81	81	authorize the person appointed to carry a weapon or act as a peace
82	82	officer at all times, regardless of whether the person is engaged in
83	83	the actual discharge of official duties, or may limit the authority
84	84	of the person to carry a weapon or act as a peace officer to only
85	85	those times during which the person is engaged in the actual
86	86	discharge of official duties. A reserve police officer, regardless
87	87	of whether the reserve police officer is a peace officer as
88	88	described by Article 2.12, Code of Criminal Procedure, is not[:
89	89	[(1)] eligible for participation in any program
90	90	provided by the governing body that is normally considered a
91	91	financial benefit of full-time employment or for any pension fund
92	92	created by statute for the benefit of full-time paid peace
93	93	officers[; or
94	94	[(2) exempt from Chapter 1702, Occupations Code].
95	95	SECTION 5. Section 1702.322, Occupations Code, is amended
96	96	to read as follows:
97	97	Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter
98	98	does not apply to:
99	99	(1) a person who is employed [has full-time
100	100	employment] as a peace officer for compensation, or who is a peace
101	101	officer and has been appointed to serve as a reserve deputy sheriff,
102	102	reserve deputy constable, or reserve police officer of a political
103	103	subdivision of this state, and who receives compensation for
104	104	private employment on an individual or an independent contractor
105	105	basis as a patrolman, guard, extra job coordinator, or watchman if
106	106	the officer:
107	107	(A) is employed in an employee-employer
108	108	relationship or employed on an individual contractual basis:
109	109	(i) directly by the recipient of the
110	110	services; or
111	111	(ii) by a company licensed under this
112	112	chapter; and
113	113	(B) is not in the employ of another peace
114	114	officer;
115	115	[(C) is not a reserve peace officer; and
116	116	[(D) works as a peace officer on the average of at
117	117	least 32 hours a week, is compensated by the state or a political
118	118	subdivision of the state at least at the minimum wage, and is
119	119	entitled to all employee benefits offered to a peace officer by the
120	120	state or political subdivision;]
121	121	(2) a reserve peace officer while the reserve officer
122	122	is performing guard, patrolman, or watchman duties for a county and
123	123	is being compensated solely by that county;
124	124	(3) a peace officer acting in an official capacity in
125	125	responding to a burglar alarm or detection device; or
126	126	(4) a person engaged in the business of electronic
127	127	monitoring of an individual as a condition of that individual's
128	128	community supervision, parole, mandatory supervision, or release
129	129	on bail, if the person does not perform any other service that
130	130	requires a license under this chapter.
131	131	SECTION 6. Section 1702.330, Occupations Code, is amended
132	132	to read as follows:
133	133	Sec. 1702.330. SECURITY PERSONNEL OF PRIVATE INSTITUTION OF
134	134	HIGHER EDUCATION. This chapter does not apply to:
135	135	(1) a person who is employed full-time by and is
136	136	commissioned as a campus security personnel employee by a private
137	137	institution of higher education under Section 51.212, Education
138	138	Code; or
139	139	(2) a peace officer commissioned by a [an
140	140	incorporated] municipality, county, or political subdivision of
141	141	this state who is hired under Section 51.212, Education Code, on a
142	142	regular basis by a private institution of higher education while
143	143	that peace officer is operating within the scope of the peace
144	144	officer's employment with the institution of higher education.
145	145	SECTION 7. Section 60.0775(i), Water Code, is amended to
146	146	read as follows:
147	147	(i) A reserve police officer, regardless of whether the
148	148	reserve police officer is a peace officer as described by Article
149	149	2.12, Code of Criminal Procedure, is not[:
150	150	[(1)] eligible for participation in:
151	151	(1) [(A)] a program provided by the commission that is
152	152	normally considered a financial benefit of full-time employment; or
153	153	(2) [(B)] a pension fund created by statute for the
154	154	benefit of full-time paid peace officers[; or
155	155	[(2) exempt from Chapter 1702, Occupations Code].
156	156	SECTION 8. This Act takes effect September 1, 2023.