Bill Text: TX SB570 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the appointment of reserve peace officers by a fire marshal.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-20 - Referred to Intergovernmental Relations [SB570 Detail]
Download: Texas-2013-SB570-Introduced.html
83R3103 ATP-D | ||
By: Deuell | S.B. No. 570 |
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relating to the appointment of reserve peace officers by a fire | ||
marshal. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter F, Chapter 775, Health and Safety | ||
Code, is amended by adding Section 775.1085 to read as follows: | ||
Sec. 775.1085. RESERVE PEACE OFFICERS APPOINTED BY DISTRICT | ||
FIRE MARSHAL. (a) The district may authorize the fire marshal to | ||
appoint reserve peace officers who may be called to serve as peace | ||
officers by the fire marshal during the actual discharge of the | ||
reserve peace officers' official duties. The district may limit | ||
the number of reserve peace officers that the fire marshal may | ||
appoint. | ||
(b) A reserve peace officer appointed under this section | ||
serves at the discretion of the fire marshal and may be called into | ||
service if the fire marshal considers it necessary to have | ||
additional officers to preserve the peace or enforce the law in the | ||
district. | ||
(c) The fire marshal may authorize a reserve peace officer | ||
appointed under this section who is a peace officer as described by | ||
Article 2.12, Code of Criminal Procedure, to carry a weapon or act | ||
as a peace officer at all times, regardless of whether the reserve | ||
peace officer is engaged in the actual discharge of official | ||
duties, or may limit the authority of the reserve peace officer | ||
under this section to carry a weapon or act as a peace officer to | ||
only those times during which the reserve peace officer is engaged | ||
in the actual discharge of the officer's official duties. | ||
(d) A reserve peace officer on active duty and actively | ||
engaged in assigned duties has the same rights, privileges, and | ||
duties as any other peace officer of the district. | ||
(e) An organization formed under this section may include | ||
both paid and unpaid peace officers and reserve peace officers. | ||
SECTION 2. Subchapter B, Chapter 352, Local Government | ||
Code, is amended by adding Section 352.0115 to read as follows: | ||
Sec. 352.0115. RESERVE PEACE OFFICERS APPOINTED BY COUNTY | ||
FIRE MARSHAL. (a) The commissioners court may authorize the county | ||
fire marshal to appoint reserve peace officers who may be called to | ||
serve as peace officers by the fire marshal during the actual | ||
discharge of the reserve peace officers' official duties. The | ||
commissioners court may limit the number of reserve peace officers | ||
that the fire marshal may appoint. | ||
(b) A reserve peace officer appointed under this section | ||
serves at the discretion of the fire marshal and may be called into | ||
service if the fire marshal considers it necessary to have | ||
additional officers to preserve the peace or enforce the law in the | ||
county. | ||
(c) The fire marshal may authorize a reserve peace officer | ||
appointed under this section who is a peace officer as described by | ||
Article 2.12, Code of Criminal Procedure, to carry a weapon or act | ||
as a peace officer at all times, regardless of whether the reserve | ||
peace officer is engaged in the actual discharge of official | ||
duties, or may limit the authority of the reserve peace officer | ||
under this section to carry a weapon or act as a peace officer to | ||
only those times during which the reserve peace officer is engaged | ||
in the actual discharge of the officer's official duties. | ||
(d) A reserve peace officer on active duty and actively | ||
engaged in assigned duties has the same rights, privileges, and | ||
duties as any other peace officer of the county. | ||
(e) An organization formed under this section may include | ||
both paid and unpaid peace officers and reserve peace officers. | ||
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, 2013. |