HB1115 - Relating to the employment of honorably retired peace officers as school district security personnel and the applicability to those officers of certain law governing private security.

  89R3059 MEW-D     By: VanDeaver H.B. No. 1115       A BILL TO BE ENTITLED   AN ACT   relating to the employment of honorably retired peace officers as   school district security personnel and the applicability to those   officers of certain law governing private security.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 37.081, Education Code, is amended by   adding Subsection (a-5) to read as follows:           (a-5)     An honorably retired peace officer, as defined by   Section 614.121, Government Code, employed as security personnel   under Subsection (a) must:                 (1)     keep the peace officer's license in active status;   and                 (2)     fulfill all applicable requirements under   Sections 1701.351 and 1701.352, Occupations Code.          SECTION 2.  Section 1702.002, Occupations Code, is amended   by adding Subdivision (19) to read as follows:                 (19)     "School district honorably retired peace   officer"   means an honorably retired peace officer, as defined by   Section 614.121, Government Code, who is employed by a school   district.          SECTION 3.  Section 1702.322, Occupations Code, is amended   to read as follows:          Sec. 1702.322.  LAW ENFORCEMENT PERSONNEL.  This chapter   does not apply to:                (1)  a person who is a peace officer or a school   district honorably retired peace officer [ has full-time employment   as a peace officer ] and who receives compensation for private   employment on an individual or an independent contractor basis as a   patrolman, guard, extra job coordinator, or watchman if the   officer:                      (A)  is employed in an employee-employer   relationship or employed on an individual contractual basis:                            (i)  directly by the recipient of the   services; or                            (ii)  by a company licensed under this   chapter;                      (B)  is not in the employ of another peace   officer;                      (C)  [ is not a reserve peace officer; and                      [ (D) ]  works [ as a peace officer ] on the average   of at least 32 hours a week for and [ , ] is compensated [ by the state   or a political subdivision of the state ] at least at the minimum   wage by:                             (i)  for a peace officer , the state or a   political subdivision of the state; or                             (ii)     for a school district honorably   retired peace officer, a school district; and                       (D)   is entitled to all employee benefits offered   to a peace officer by the state or political subdivision described   by Paragraph (C) ;                (2)  a reserve peace officer while the reserve officer   is performing guard, patrolman, or watchman duties for a county and   is being compensated solely by that county;                (3)  a peace officer acting in an official capacity in   responding to a burglar alarm or detection device; or                (4)  a person engaged in the business of electronic   monitoring of an individual as a condition of that individual's   community supervision, parole, mandatory supervision, or release   on bail, if the person does not perform any other service that   requires a license under this chapter.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.