Bill Text: TX HB1969 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the establishment of a municipal marshal reserve force.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-15 - Referred to Homeland Security & Public Safety [HB1969 Detail]
Download: Texas-2017-HB1969-Introduced.html
85R6639 TJB-F | ||
By: Neave | H.B. No. 1969 |
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relating to the establishment of a municipal marshal reserve force. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 2.12, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace | ||
officers: | ||
(1) sheriffs, their deputies, and those reserve | ||
deputies who hold a permanent peace officer license issued under | ||
Chapter 1701, Occupations Code; | ||
(2) constables, deputy constables, and those reserve | ||
deputy constables who hold a permanent peace officer license issued | ||
under Chapter 1701, Occupations Code; | ||
(3) marshals or police officers of an incorporated | ||
city, town, or village, and those reserve municipal deputy marshals | ||
or reserve municipal police officers who hold a permanent peace | ||
officer license issued under Chapter 1701, Occupations Code; | ||
(4) rangers, officers, and members of the reserve | ||
officer corps commissioned by the Public Safety Commission and the | ||
Director of the Department of Public Safety; | ||
(5) investigators of the district attorneys', criminal | ||
district attorneys', and county attorneys' offices; | ||
(6) law enforcement agents of the Texas Alcoholic | ||
Beverage Commission; | ||
(7) each member of an arson investigating unit | ||
commissioned by a city, a county, or the state; | ||
(8) officers commissioned under Section 37.081, | ||
Education Code, or Subchapter E, Chapter 51, Education Code; | ||
(9) officers commissioned by the General Services | ||
Commission; | ||
(10) law enforcement officers commissioned by the | ||
Parks and Wildlife Commission; | ||
(11) airport police officers commissioned by a city | ||
with a population of more than 1.18 million located primarily in a | ||
county with a population of 2 million or more that operates an | ||
airport that serves commercial air carriers; | ||
(12) airport security personnel commissioned as peace | ||
officers by the governing body of any political subdivision of this | ||
state, other than a city described by Subdivision (11), that | ||
operates an airport that serves commercial air carriers; | ||
(13) municipal park and recreational patrolmen and | ||
security officers; | ||
(14) security officers and investigators commissioned | ||
as peace officers by the comptroller; | ||
(15) officers commissioned by a water control and | ||
improvement district under Section 49.216, Water Code; | ||
(16) officers commissioned by a board of trustees | ||
under Chapter 54, Transportation Code; | ||
(17) investigators commissioned by the Texas Medical | ||
Board; | ||
(18) officers 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; and | ||
(C) the board of directors of the Midland County | ||
Hospital District of Midland County, Texas, under Section 1061.121, | ||
Special District Local Laws Code; | ||
(19) county park rangers commissioned under | ||
Subchapter E, Chapter 351, Local Government Code; | ||
(20) investigators employed by the Texas Racing | ||
Commission; | ||
(21) officers commissioned under Chapter 554, | ||
Occupations Code; | ||
(22) officers commissioned by the governing body of a | ||
metropolitan rapid transit authority under Section 451.108, | ||
Transportation Code, or by a regional transportation authority | ||
under Section 452.110, Transportation Code; | ||
(23) investigators commissioned by the attorney | ||
general under Section 402.009, Government Code; | ||
(24) security officers and investigators commissioned | ||
as peace officers under Chapter 466, Government Code; | ||
(25) officers appointed by an appellate court under | ||
Subchapter F, Chapter 53, Government Code; | ||
(26) officers commissioned by the state fire marshal | ||
under Chapter 417, Government Code; | ||
(27) an investigator commissioned by the commissioner | ||
of insurance under Section 701.104, Insurance Code; | ||
(28) apprehension specialists and inspectors general | ||
commissioned by the Texas Juvenile Justice Department as officers | ||
under Sections 242.102 and 243.052, Human Resources Code; | ||
(29) officers appointed by the inspector general of | ||
the Texas Department of Criminal Justice under Section 493.019, | ||
Government Code; | ||
(30) investigators commissioned by the Texas | ||
Commission on Law Enforcement under Section 1701.160, Occupations | ||
Code; | ||
(31) commission investigators commissioned by the | ||
Texas Private Security Board under Section 1702.061, Occupations | ||
Code; | ||
(32) the fire marshal and any officers, inspectors, or | ||
investigators commissioned by an emergency services district under | ||
Chapter 775, Health and Safety Code; | ||
(33) officers commissioned by the State Board of | ||
Dental Examiners under Section 254.013, Occupations Code, subject | ||
to the limitations imposed by that section; | ||
(34) investigators commissioned by the Texas Juvenile | ||
Justice Department as officers under Section 221.011, Human | ||
Resources Code; and | ||
(35) the fire marshal and any related officers, | ||
inspectors, or investigators commissioned by a county under | ||
Subchapter B, Chapter 352, Local Government Code. | ||
SECTION 2. The heading to Section 341.012, Local Government | ||
Code, is amended to read as follows: | ||
Sec. 341.012. POLICE RESERVE FORCE; MARSHAL RESERVE FORCE. | ||
SECTION 3. Sections 341.012(a), (b), (c), (d), (e), (g), | ||
and (h), Local Government Code, are amended to read as follows: | ||
(a) The governing body of a municipality may provide for the | ||
establishment of a police reserve force or a marshal reserve force. | ||
(b) The governing body shall establish qualifications and | ||
standards of training for members of each [ |
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(c) The governing body may limit the size of each [ |
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reserve force. | ||
(d) The chief of police shall appoint the members of the | ||
police reserve force. The municipal marshal shall appoint the | ||
members of the marshal reserve force. Members of a reserve force | ||
serve at the [ |
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or a successor in office to that officer. | ||
(e) The chief of police may call the police reserve force | ||
into service, and the marshal may call the marshal reserve force | ||
into service, at any time the officer [ |
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necessary to have additional peace officers to preserve the peace | ||
and enforce the law. | ||
(g) An appointment to a [ |
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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 2.12, | ||
Code of Criminal Procedure, the person appointed may carry a weapon | ||
only when authorized to do so by the officer who appointed the | ||
person or a successor in office to that officer, [ |
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and only when discharging official duties as a peace officer. | ||
(h) Reserve police officers or reserve deputy marshals may | ||
act only in a supplementary capacity to the regular police force or | ||
marshal's office, as applicable, and may not assume the full-time | ||
duties of regular police officers or deputy marshals without | ||
complying with the requirements for regular police officers or | ||
deputy marshals, as applicable. On approval of the appointment of a | ||
member who is a peace officer as described by Article 2.12, Code of | ||
Criminal Procedure, the appointing chief of police or marshal 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 or reserve | ||
deputy marshal, regardless of whether the person [ |
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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. 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, 2017. |