SB2144 - Relating to the authority of a reserve peace officer.

  89R14512 MZM-F     By: Perry S.B. No. 2144       A BILL TO BE ENTITLED   AN ACT   relating to the authority of a reserve peace officer.          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. Notwithstanding Section   1702.322, Occupations Code, a reserve deputy may not perform an   action for which a license is required under Chapter 1702 of that   code unless the deputy is licensed in accordance with that chapter.   The sheriff may not authorize a reserve deputy to perform an   activity requiring the use of a police vehicle outside the county if   the activity is for private gain. The sheriff may authorize a   reserve deputy to conduct a police escort as defined by Section   546.002, Transportation Code, only if the escort begins or ends in   the county. 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. Notwithstanding Section   1702.322, Occupations Code, a reserve deputy constable may not   perform an action for which a license is required under Chapter 1702   of that code unless the deputy is licensed in accordance with that   chapter. The constable may not authorize a reserve deputy   constable to perform an activity requiring the use of a police   vehicle outside the county if the activity is for private gain. The   constable may authorize a reserve deputy constable to conduct a   police escort as defined by Section 546.002, Transportation Code,   only if the escort begins or ends in the county. 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. Notwithstanding Section 1702.322,   Occupations Code, a reserve police officer may not perform an   action for which a license is required under Chapter 1702 of that   code unless the officer is licensed in accordance with that   chapter. The chief of police may not authorize a reserve police   officer to perform an activity requiring the use of a police vehicle   outside a county in which the municipality is wholly or partly   located if the activity is for private gain. The chief of police   may authorize a reserve police officer to conduct a police escort as   defined by Section 546.002, Transportation Code, only if the escort   begins or ends in a county in which the municipality is wholly or   partly located. 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.  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 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, is compensated by the state or a political   subdivision of the state at least at the minimum wage, and is   entitled to all employee benefits offered to a peace officer by the   state or political subdivision;                (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                 (3)  [ (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 5.  Sections 60.0775(f), (g), (h), 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.          (h)  Reserve police officers may act only to supplement the   district's regular police force and may not assume the full-time   duties of regular police officers without complying with the   requirements for regular police officers. Notwithstanding Section   1702.322, Occupations Code, a reserve police officer may not   perform an action for which a license is required under Chapter 1702   of that code unless the officer is licensed in accordance with that   chapter. The chief of police may not authorize a reserve police   officer to perform an activity requiring the use of a police vehicle   outside a county in which the district is wholly or partly located   if the activity is for private gain. The chief of police may   authorize a reserve police officer to conduct a police escort as   defined by Section 546.002, Transportation Code, only if the escort   begins or ends in a county in which the district is wholly or partly   located.          (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:                 (1)  [ (A) ]  a p [Text truncated for display. Full text available on LegiScan.]