By: Hall, et al. S.B. No. 357
 
 
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
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The board of trustees of any school district may employ
  security personnel, enter into a memorandum of understanding with a
  local law enforcement agency for the provision of school resource
  officers, and commission peace officers to carry out this
  subchapter. If a board of trustees authorizes a person employed as
  security personnel to carry a weapon, the person must be a
  commissioned peace officer or an honorably retired peace officer,
  as that term is defined by Section 614.121, Government Code. The
  jurisdiction of a peace officer, a school resource officer, or
  security personnel under this section shall be determined by the
  board of trustees and may include all territory in the boundaries of
  the school district and all property outside the boundaries of the
  district that is owned, leased, or rented by or otherwise under the
  control of the school district and the board of trustees that employ
  the peace officer or security personnel or that enter into a
  memorandum of understanding for the provision of a school resource
  officer.
         (a-1)  An honorably retired peace officer employed as
  security personnel under Subsection (a) must:
               (1)  keep their commission in active status; and
               (2)  fulfill all applicable requirements under
  Sections 1701.351 and 1701.352, Occupations Code.
         SECTION 2.  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 an honorably
  retired peace officer, as that term is defined by Section 614.121,
  Government Code, [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 by:
                           (i)  for a peace officer, the state or a
  political subdivision of the state; or
                           (ii)  for an 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 3.  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, 2023.