bill lets any reserve officer act as peace officer anytime

The text as introduced · 1,912 words

89R14512 MZM-F

By: Louderback
H.B. No. 3846

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 program provided by the commission that is

normally considered a financial benefit of full-time employment; or

(2) [ (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 September 1, 2025.