HB1458 - 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.

      H.B. No. 1458         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:                 (1)     if the officer has fulfilled all applicable   requirements under Sections 1701.351 and 1701.3525, Occupations   Code; and                 (2)  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 partici [Text truncated for display. 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