HB3846 - Relating to peace officers, including reserve peace officers, and the employment activities of those officers.

  89R23901 MZM-F     By: Louderback H.B. No. 3846     Substitute the following for H.B. No. 3846:     By:  Hefner C.S.H.B. No. 3846       A BILL TO BE ENTITLED   AN ACT   relating to peace officers, including reserve peace officers, and   the employment activities of those officers.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 85.004(b), Local Government Code, is   amended to read as follows:          (b)  A reserve deputy serves at the discretion of the sheriff   and may be called into service if the sheriff considers it necessary   to have additional officers to preserve the peace and enforce the   law. The sheriff may authorize a reserve deputy [ who is a peace   officer as described by Article 2A.001, Code of Criminal   Procedure, ] to carry a weapon or act as a peace officer at all   times, regardless of whether the reserve deputy is engaged in the   actual discharge of official duties, or may limit the authority of   the reserve deputy to carry a weapon or act as a peace officer to   only those times during which the reserve deputy is engaged in the   actual discharge of official duties. A reserve deputy [ who is not a   peace officer as described by Article 2A.001, Code of Criminal   Procedure, may act as a peace officer only during the actual   discharge of official duties. A reserve deputy, regardless of   whether the reserve deputy is a peace officer as described by   Article 2A.001, Code of Criminal Procedure, ] is not:                (1)  eligible for participation in any program provided   by the county 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 2.  Section 86.012(b), Local Government Code, is   amended to read as follows:          (b)  A reserve deputy constable serves at the discretion of   the constable and may be called into service at any time that the   constable considers it necessary to have additional officers to   preserve the peace and enforce the law. The constable may authorize   a reserve deputy constable [ who is a peace officer as described by   Article 2A.001, Code of Criminal Procedure, ] to carry a weapon or   act as a peace officer at all times, regardless of whether the   reserve deputy constable is engaged in the actual discharge of   official duties, or may limit the authority of the reserve deputy   constable to carry a weapon or act as a peace officer to only those   times during which the reserve deputy constable is engaged in the   actual discharge of official duties. A reserve deputy constable   [ who is not a peace officer as described by Article 2A.001, Code of   Criminal Procedure, may act as a peace officer only during the   actual discharge of official duties. A reserve deputy constable,   regardless of whether the reserve deputy constable is a peace   officer as described by Article 2A.001, Code of Criminal   Procedure, ] is not:                (1)  eligible for participation in any program provided   by the county 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 3.  Sections 341.012(g) and (h), Local Government   Code, are amended to read as follows:          (g)  An appointment to the reserve force must be approved by   the governing body before the person appointed may carry a weapon or   otherwise act as a peace officer. [ On approval of the appointment   of a member who is not a peace officer as described by Article   2A.001, Code of Criminal Procedure, the person appointed may carry   a weapon only when authorized to do so by the chief of police and   only when discharging official duties as a peace officer. ]          (h)  Reserve police officers may act only in a supplementary   capacity to the regular police force and may not assume the   full-time duties of regular police officers without complying with   the requirements for regular police officers. On approval of the   appointment of a member [ who is a peace officer as described by   Article 2A.001, Code of Criminal Procedure ], the chief of police   may authorize the person appointed to carry a weapon or act as a   peace officer at all times, regardless of whether the person is   engaged in the actual discharge of official duties, or may limit the   authority of the person to carry a weapon or act as a peace officer   to only those times during which the person is engaged in the actual   discharge of official duties. A reserve police officer[ ,   regardless of whether the reserve police officer is a peace officer   as described by Article 2A.001, Code of Criminal Procedure, ] is   not:                (1)  eligible for participation in any program provided   by the governing body 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.  Chapter 1701, Occupations Code, is amended by   adding Subchapter P to read as follows:   SUBCHAPTER P. REPORTING REQUIREMENTS FOR NON-FULL-TIME OFFICERS           Sec.   1701.721.     REPORTING REQUIREMENTS FOR NON-FULL-TIME   OFFICERS.   (a)   This section applies to a law enforcement agency   that appoints a person as a non-full-time officer under:                   (1)  Chapter 85, Local Government Code;                   (2)  Chapter 86, Local Government Code;                   (3)  Chapter 341, Local Government Code; or                 (4)  Chapter 49 or 60, Water Code.             (b)     At the interval prescribed by commission rule, the chief   administrative officer of a law enforcement agency to which this   section applies or the chief administrative officer's designee   shall submit a report to the commission on the employment   activities of an officer described by Subsection (a) who for   compensation provides security services or similar services for or   to a person, other than the law enforcement agency that appointed   the officer.   The report must include, with respect to the officers:                 (1)  the number of officers appointed by the agency;                 (2)     if applicable, the number of officers the agency   is authorized to appoint by the governing body of the agency;                 (3)     for each officer appointed by the agency, the   number of hours the officer provided services for or to:                       (A)     the law enforcement agency that appointed the   officer; and                       (B)  any other person; and                 (4)     the counties in which the officer provided   services described by Subdivision (3)(B) and, if those services   required travel through multiple counties, the county in which the   work began and ended.           (c)     The reporting requirement under Subsection (b)(4) does   not apply to services provided entirely in the county or counties in   which the appointing law enforcement agency is located.           (d)     The commission shall adopt rules necessary to implement   this section.             (e)     Not later than September 1, 2026, the commission shall   submit to the speaker of the house of representatives, the chair of   the committee in the house of representatives with primary   jurisdiction over homeland security, the lieutenant governor, and   the chair of the senate committee with primary jurisdiction over   criminal justice a report summarizing the reports received by the   commission under this section.   The report must not contain any   identifying information on officers.   This subsection expires on   September 1, 2035.          SECTION 5.  Sections 60.0775(f), (g), and (i), Water Code,   are amended to read as follows:          (f)  A reserve force member [ who is not a peace officer as   described by Article 2A.001, Code of Criminal Procedure, may act as   a peace officer only during the discharge of official duties. A   reserve force member who is a peace officer under that article ] must   hold a permanent peace officer license issued under Chapter 1701,   Occupations Code.          (g)  The commission must approve an appointment to the   reserve force before the person appointed may carry a weapon or   otherwise act as a peace officer. [ On approval of the appointment   of a person who is not a peace officer as described by Article   2A.001, Code of Criminal Procedure, the person appointed may carry   a weapon only when authorized to do so by the chief of police and   only when discharging official duties as a peace officer. ] On   approval of the appointment of a person [ who is a peace officer as   described by Article 2A.001, Code of Criminal Procedure ], the chief   of police may:                (1)  authorize the person appointed to carry a weapon   or act as a peace officer at all times, regardless of whether the   person is engaged in the discharge of official duties; or                (2)  limit the person's authority to carry a weapon or   act as a peace officer to only those times during which the person   is engaged in the discharge of official duties.          (i)  A reserve police officer[ , regardless of whether the   reserve police officer is a peace officer as described by Article   2A.001, Code of Criminal Procedure, ] is not:                (1)  eligible for participation in:                      (A)  a program provided by the commission that is   normally considered a financial benefit of full-time employment; or                      (B)  a pension fund created by statute for the   benefit of full-time paid peace officers; or                (2)  exempt from Chapter 1702, Occupations Code.          SECTION 6.  Section 341.012(f), Local Government Code, is   repealed.          SECTION 7.  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.