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Texas House Bill HB1458

Texas 2025 - 89th Regular

Texas House Bill HB1458 Compare Versions

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1-89R21264 ANG-D
1+89R1028 JTZ-D
22 By: Metcalf H.B. No. 1458
3- Substitute the following for H.B. No. 1458:
4- By: Buckley C.S.H.B. No. 1458
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the armed security officers required to be present at
10- public schools and the appointment of reserve police officers by a
11- school district police department.
10+ public schools.
1211 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13- SECTION 1. Article 2A.001, Code of Criminal Procedure, is
14- amended to conform to Section 2, Chapter 624 (H.B. 4372), Section 1,
15- Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and
16- Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature,
17- Regular Session, 2023, and is further amended to read as follows:
18- Art. 2A.001. PEACE OFFICERS GENERALLY. The following are
19- peace officers:
20- (1) a sheriff, a sheriff's deputy, or a reserve deputy
21- sheriff who holds a permanent peace officer license issued under
22- Chapter 1701, Occupations Code;
23- (2) a constable, a deputy constable, or a reserve
24- deputy constable who holds a permanent peace officer license issued
25- under Chapter 1701, Occupations Code;
26- (3) a marshal or police officer of a municipality or a
27- reserve municipal police officer who holds a permanent peace
28- officer license issued under Chapter 1701, Occupations Code;
29- (4) a ranger, officer, or member of the reserve
30- officer corps commissioned by the Public Safety Commission and the
31- director of the Department of Public Safety;
32- (5) an investigator of a district attorney's, criminal
33- district attorney's, or county attorney's office;
34- (6) a law enforcement agent of the Texas Alcoholic
35- Beverage Commission;
36- (7) a member of an arson investigating unit
37- commissioned by a municipality, a county, or the state;
38- (8) an officer commissioned under Section 37.081 or
39- 37.0818, Education Code, or Subchapter E, Chapter 51, Education
40- Code, or a reserve police officer appointed under Section 37.0816,
41- Education Code, who holds a permanent peace officer license issued
42- under Chapter 1701, Occupations Code;
43- (9) an officer commissioned by the Texas Facilities
44- Commission;
45- (10) a law enforcement officer commissioned by the
46- Parks and Wildlife Commission;
47- (11) an officer commissioned under Chapter 23,
48- Transportation Code;
49- (12) a municipal park and recreational patrol officer
50- or security officer;
51- (13) a security officer or investigator commissioned
52- as a peace officer by the comptroller;
53- (14) an officer commissioned by a water control and
54- improvement district under Section 49.216, Water Code;
55- (15) an officer commissioned by a board of trustees
56- under Chapter 54, Transportation Code;
57- (16) an investigator commissioned by the Texas Medical
58- Board;
59- (17) an officer commissioned by:
60- (A) the board of managers of the Dallas County
61- Hospital District, the Tarrant County Hospital District, the Bexar
62- County Hospital District, or the El Paso County Hospital District
63- under Section 281.057, Health and Safety Code;
64- (B) the board of directors of the Ector County
65- Hospital District under Section 1024.117, Special District Local
66- Laws Code;
67- (C) the board of directors of the Midland County
68- Hospital District of Midland County, Texas, under Section 1061.121,
69- Special District Local Laws Code; or
70- (D) the board of hospital managers of the Lubbock
71- County Hospital District of Lubbock County, Texas, under Section
72- 1053.113, Special District Local Laws Code;
73- (18) a county park ranger commissioned under
74- Subchapter E, Chapter 351, Local Government Code;
75- (19) an investigator employed by the Texas Racing
76- Commission;
77- (20) an officer commissioned under Chapter 554,
78- Occupations Code;
79- (21) an officer commissioned by the governing body of
80- a metropolitan rapid transit authority under Section 451.108,
81- Transportation Code, or a regional transportation authority under
82- Section 452.110, Transportation Code;
83- (22) an investigator commissioned by the attorney
84- general under Section 402.009, Government Code;
85- (23) a security officer or investigator commissioned
86- as a peace officer under Chapter 466, Government Code;
87- (24) an officer appointed by an appellate court under
88- Subchapter F, Chapter 53, Government Code;
89- (25) an officer commissioned by the state fire marshal
90- under Chapter 417, Government Code;
91- (26) an investigator commissioned by the commissioner
92- of insurance under Section 701.104, Insurance Code;
93- (27) an officer appointed by the inspector general of
94- [apprehension specialist or inspector general commissioned by] the
95- Texas Juvenile Justice Department [as an officer] under Section
96- 242.102 [or 243.052], Human Resources Code;
97- (28) an officer appointed by the inspector general of
98- the Texas Department of Criminal Justice under Section 493.019,
99- Government Code;
100- (29) an investigator commissioned by the Texas
101- Commission on Law Enforcement under Section 1701.160, Occupations
102- Code;
103- (30) a fire marshal or any related officer, inspector,
104- or investigator commissioned by a county under Subchapter B,
105- Chapter 352, Local Government Code;
106- (31) a fire marshal or any officer, inspector, or
107- investigator commissioned by an emergency services district under
108- Chapter 775, Health and Safety Code;
109- (32) a fire marshal or any officer, inspector, or
110- investigator of a municipality who holds a permanent peace officer
111- license issued under Chapter 1701, Occupations Code;
112- (33) an officer commissioned by the State Board of
113- Dental Examiners under Section 254.013, Occupations Code, subject
114- to the limitations imposed by that section; and
115- (34) [(33)] an Alamo complex ranger commissioned by
116- the General Land Office under Section 31.0515, Natural Resources
117- Code, subject to the limitations imposed by that section
118- [investigator commissioned by the Texas Juvenile Justice
119- Department as an officer under Section 221.011, Human Resources
120- Code].
121- SECTION 2. Section 37.0814(b), Education Code, is amended
12+ SECTION 1. Section 37.0814(b), Education Code, is amended
12213 to read as follows:
12314 (b) A security officer described by Subsection (a) must be:
12415 (1) a school district peace officer;
12516 (2) a school resource officer; [or]
12617 (3) a commissioned peace officer employed as security
12718 personnel under Section 37.081;
12819 (4) a reserve deputy sheriff appointed under Section
12920 85.004, Local Government Code, who is a peace officer as described
130- by Article 2A.001, Code of Criminal Procedure;
131- (5) a reserve police officer appointed under Section
132- 37.0816 who is a peace officer as described by Article 2A.001, Code
133- of Criminal Procedure; or
134- (6) an honorably retired peace officer, as that term
21+ by Article 2A.001, Code of Criminal Procedure; or
22+ (5) an honorably retired peace officer, as that term
13523 is defined by Section 614.121, Government Code, who has:
13624 (A) kept their commission as a peace officer in
13725 active status; and
13826 (B) fulfilled all applicable requirements under
13927 Sections 1701.351, 1701.3525, and 1701.357, Occupations Code.
140- SECTION 3. Subchapter C, Chapter 37, Education Code, is
141- amended by adding Section 37.0816 to read as follows:
142- Sec. 37.0816. RESERVE POLICE OFFICERS. (a) The board of
143- trustees of a school district may authorize the chief of police of
144- the school district police department to appoint reserve police
145- officers for the district. The board may limit the number of
146- reserve police officers that the chief may appoint.
147- (b) A reserve police officer serves at the discretion of the
148- chief of police of the school district police department and may be
149- called into service at any time that the chief considers it
150- necessary to have additional officers to preserve the peace and
151- enforce the law.
152- (c) The chief of police of a school district police
153- department may authorize a reserve police officer who holds a
154- permanent peace officer license issued under Chapter 1701,
155- Occupations Code, to carry a weapon or act as a peace officer at all
156- times, regardless of whether the reserve police officer is engaged
157- in the actual discharge of official duties, or may limit the
158- authority of the reserve police officer to carry a weapon or act as
159- a peace officer to only those times during which the reserve police
160- officer is engaged in the actual discharge of official duties.
161- (d) A reserve police officer who does not hold a permanent
162- peace officer license issued under Chapter 1701, Occupations Code,
163- may act as a peace officer only during the actual discharge of
164- official duties.
165- (e) A reserve police officer on active duty at the call of
166- the chief of police of the school district police department and
167- actively engaged in assigned duties has the same rights,
168- privileges, and duties as any other peace officer of the state.
169- (f) A reserve police officer, regardless of whether the
170- reserve police officer holds a permanent peace officer license
171- issued under Chapter 1701, Occupations Code, is not:
172- (1) eligible for participation in any program provided
173- by the agency or the board of trustees of the school district that
174- is normally considered a financial benefit of full-time employment
175- or for any pension fund created by statute for the benefit of
176- full-time paid peace officers; or
177- (2) exempt from Chapter 1702, Occupations Code.
178- SECTION 4. Section 1701.001(6), Occupations Code, is
179- amended to read as follows:
180- (6) "Reserve law enforcement officer" means a person
181- designated as a reserve law enforcement officer under Section
182- 37.0816, Education Code, Section 85.004, 86.012, or 341.012, Local
183- Government Code, or Section 60.0775, Water Code.
184- SECTION 5. To the extent of any conflict, this Act prevails
185- over another Act of the 89th Legislature, Regular Session, 2025,
186- relating to nonsubstantive additions to and corrections in enacted
187- codes.
188- SECTION 6. This Act takes effect September 1, 2025.
28+ SECTION 2. This Act takes effect September 1, 2025.