VanDeaver Bill Also Opens Security License Exemption To Reserve Officers

The text as introduced · 516 words

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.