89R21264 ANG-D
By: Metcalf H.B. No. 1458
Substitute the following for H.B. No. 1458:
By: Buckley C.S.H.B. No. 1458
A BILL TO BE ENTITLED
AN ACT
relating to the armed security officers required to be present at
public schools and the appointment of reserve police officers by a
school district police department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2A.001, Code of Criminal Procedure, is
amended to conform to Section 2, Chapter 624 (H.B. 4372), Section 1,
Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and
Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature,
Regular Session, 2023, and is further amended to read as follows:
Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
peace officers:
(1) a sheriff, a sheriff's deputy, or a reserve deputy
sheriff who holds a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) a constable, a deputy constable, or a reserve
deputy constable who holds a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) a marshal or police officer of a municipality or a
reserve municipal police officer who holds a permanent peace
officer license issued under Chapter 1701, Occupations Code;
(4) a ranger, officer, or member of the reserve
officer corps commissioned by the Public Safety Commission and the
director of the Department of Public Safety;
(5) an investigator of a district attorney's, criminal
district attorney's, or county attorney's office;
(6) a law enforcement agent of the Texas Alcoholic
Beverage Commission;
(7) a member of an arson investigating unit
commissioned by a municipality, a county, or the state;
(8) an officer commissioned under Section 37.081 or
37.0818, Education Code, or Subchapter E, Chapter 51, Education
Code, or a reserve police officer appointed under Section 37.0816,
Education Code, who holds a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(9) an officer commissioned by the Texas Facilities
Commission;
(10) a law enforcement officer commissioned by the
Parks and Wildlife Commission;
(11) an officer commissioned under Chapter 23,
Transportation Code;
(12) a municipal park and recreational patrol officer
or security officer;
(13) a security officer or investigator commissioned
as a peace officer by the comptroller;
(14) an officer commissioned by a water control and
improvement district under Section 49.216, Water Code;
(15) an officer commissioned by a board of trustees
under Chapter 54, Transportation Code;
(16) an investigator commissioned by the Texas Medical
Board;
(17) an officer 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;
(C) the board of directors of the Midland County
Hospital District of Midland County, Texas, under Section 1061.121,
Special District Local Laws Code; or
(D) the board of hospital managers of the Lubbock
County Hospital District of Lubbock County, Texas, under Section
1053.113, Special District Local Laws Code;
(18) a county park ranger commissioned under
Subchapter E, Chapter 351, Local Government Code;
(19) an investigator employed by the Texas Racing
Commission;
(20) an officer commissioned under Chapter 554,
Occupations Code;
(21) an officer commissioned by the governing body of
a metropolitan rapid transit authority under Section 451.108,
Transportation Code, or a regional transportation authority under
Section 452.110, Transportation Code;
(22) an investigator commissioned by the attorney
general under Section 402.009, Government Code;
(23) a security officer or investigator commissioned
as a peace officer under Chapter 466, Government Code;
(24) an officer appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(25) an officer commissioned by the state fire marshal
under Chapter 417, Government Code;
(26) an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(27) an officer appointed by the inspector general of
[apprehension specialist or inspector general commissioned by] the
Texas Juvenile Justice Department [as an officer] under Section
242.102 [or 243.052], Human Resources Code;
(28) an officer appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(29) an investigator commissioned by the Texas
Commission on Law Enforcement under Section 1701.160, Occupations
Code;
(30) a fire marshal or any related officer, inspector,
or investigator commissioned by a county under Subchapter B,
Chapter 352, Local Government Code;
(31) a fire marshal or any officer, inspector, or
investigator commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(32) a fire marshal or any officer, inspector, or
investigator of a municipality who holds a permanent peace officer
license issued under Chapter 1701, Occupations Code;
(33) an officer commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section; and
(34) [(33)] an Alamo complex ranger commissioned by
the General Land Office under Section 31.0515, Natural Resources
Code, subject to the limitations imposed by that section
[investigator commissioned by the Texas Juvenile Justice
Department as an officer under Section 221.011, Human Resources
Code].
SECTION 2. Section 37.0814(b), Education Code, is amended
to read as follows:
(b) A security officer described by Subsection (a) must be:
(1) a school district peace officer;
(2) a school resource officer; [or]
(3) a commissioned peace officer employed as security
personnel under Section 37.081;
(4) a reserve deputy sheriff appointed under Section
85.004, Local Government Code, who is a peace officer as described
by Article 2A.001, Code of Criminal Procedure;
(5) a reserve police officer appointed under Section
37.0816 who is a peace officer as described by Article 2A.001, Code
of Criminal Procedure; or
(6) an honorably retired peace officer, as that term
is defined by Section 614.121, Government Code, who has:
(A) kept their commission as a peace officer in
active status; and
(B) fulfilled all applicable requirements under
Sections 1701.351, 1701.3525, and 1701.357, Occupations Code.
SECTION 3. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.0816 to read as follows:
Sec. 37.0816. RESERVE POLICE OFFICERS. (a) The board of
trustees of a school district may authorize the chief of police of
the school district police department to appoint reserve police
officers for the district. The board may limit the number of
reserve police officers that the chief may appoint.
(b) A reserve police officer serves at the discretion of the
chief of police of the school district police department and may be
called into service at any time that the chief considers it
necessary to have additional officers to preserve the peace and
enforce the law.
(c) The chief of police of a school district police
department may authorize a reserve police officer who holds a
permanent peace officer license issued under Chapter 1701,
Occupations Code, to carry a weapon or act as a peace officer at all
times, regardless of whether the reserve police officer is engaged
in the actual discharge of official duties, or may limit the
authority of the reserve police officer to carry a weapon or act as
a peace officer to only those times during which the reserve police
officer is engaged in the actual discharge of official duties.
(d) A reserve police officer who does not hold a permanent
peace officer license issued under Chapter 1701, Occupations Code,
may act as a peace officer only during the actual discharge of
official duties.
(e) A reserve police officer on active duty at the call of
the chief of police of the school district police department and
actively engaged in assigned duties has the same rights,
privileges, and duties as any other peace officer of the state.
(f) A reserve police officer, regardless of whether the
reserve police officer holds a permanent peace officer license
issued under Chapter 1701, Occupations Code, is not:
(1) eligible for participation in any program provided
by the agency or the board of trustees of the school district that
is normally considered a financial benefit of full-time employment
or for any pension fund created by statute for the benefit of
full-time paid peace officers; or
(2) exempt from Chapter 1702, Occupations Code.
SECTION 4. Section 1701.001(6), Occupations Code, is
amended to read as follows:
(6) "Reserve law enforcement officer" means a person
designated as a reserve law enforcement officer under Section
37.0816, Education Code, Section 85.004, 86.012, or 341.012, Local
Government Code, or Section 60.0775, Water Code.
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. This Act takes effect September 1, 2025.