88R6209 JCG-D
 
  By: Zaffirini S.B. No. 892
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the employment of certain peace officers as private
  security officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.212(d), Education Code, is amended to
  read as follows:
         (d)  The governing boards of private institutions of higher
  education are authorized to hire and pay on a regular basis peace
  officers commissioned by a municipality, county, or political
  subdivision of this state [an incorporated city]. The officers
  shall be under the supervision of the hiring institution, but shall
  be subject to dismissal and disciplinary action by the
  municipality, county, or political subdivision [city]. A
  municipality, county, or political subdivision of this state [An
  incorporated city] is authorized to contract with a private
  institution of higher education for the use and employment of its
  commissioned officers in any manner agreed to, provided that there
  is no expense incurred by the municipality, county, or political
  subdivision [city].
         SECTION 2.  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 2.12, 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. A reserve deputy who is not a peace officer as
  described by Article 2.12, 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 2.12, 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.  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 2.12, 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. A reserve deputy constable who is not
  a peace officer as described by Article 2.12, 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 2.12, 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 4.  Section 341.012(h), Local Government Code, is
  amended to read as follows:
         (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 2.12, 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. A reserve police officer, regardless
  of whether the reserve police officer is a peace officer as
  described by Article 2.12, 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 5.  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 employed [has full-time
  employment] as a peace officer for compensation, or who is a peace
  officer and has been appointed to serve as a reserve deputy sheriff,
  reserve deputy constable, or reserve police officer of a political
  subdivision of this state, 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; and
                     (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
               (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 6.  Section 1702.330, Occupations Code, is amended
  to read as follows:
         Sec. 1702.330.  SECURITY PERSONNEL OF PRIVATE INSTITUTION OF
  HIGHER EDUCATION. This chapter does not apply to:
               (1)  a person who is employed full-time by and is
  commissioned as a campus security personnel employee by a private
  institution of higher education under Section 51.212, Education
  Code; or
               (2)  a peace officer commissioned by a [an
  incorporated] municipality, county, or political subdivision of
  this state who is hired under Section 51.212, Education Code, on a
  regular basis by a private institution of higher education while
  that peace officer is operating within the scope of the peace
  officer's employment with the institution of higher education.
         SECTION 7.  Section 60.0775(i), Water Code, is amended to
  read as follows:
         (i)  A reserve police officer, regardless of whether the
  reserve police officer is a peace officer as described by Article
  2.12, 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 8.  This Act takes effect September 1, 2023.