HBA-MAM, DMD H.B. 957 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 957 By: Uher Public Safety 7/30/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, reserve police officers, reserve deputies, and reserve deputy constables in Texas were not classified as "peace officers," even though they have been required since 1989 to undergo the same amount of training as regular, full-time officers, and are required to obtain their peace officer license. Therefore, these officers or deputies were unable to assist on-duty officers in arrests and were unable to carry their weapons while off-duty without being subject to prosecution for unlawfully carrying a weapon. H.B. 957 includes reserve police officers, reserve deputies, and reserve deputy constables as peace officers. The bill does not exempt those officers or deputies from the Private Investigators and Private Security Agencies Act or make them eligible for benefits that a full-time peace officer receives. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 2.12, Code of Criminal Procedure, to include as peace officers, those reserve deputies, reserve deputy constables, and reserve municipal police officers who hold a permanent peace officer license under Chapter 415, Government Code (Commission on Law Enforcement Officer Standards and Education). Makes conforming changes. SECTION 2. Amends Sections 85.004 (a) and (b), Local Government Code, to delete the provision that reserve deputy sheriffs who are appointed by the sheriff may be called on to serve as peace officers during the actual discharge of their official duties. Authorizes a sheriff to authorize a reserve deputy who is not a peace officer as defined 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 to 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. Authorizes a reserve deputy who is not a peace officer as described by Article 2.12, Code of Criminal Procedure, to act as a peace officer only during the actual discharge of official duties. Provides that a reserve deputy, regardless of whether the reserve deputy is a peace officer as defined by Article 2.12, Code of Criminal Procedure, is not eligible for participation in any county program 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 is not exempt from the Private Investigators and Private Security Agencies Act (Article 4413 (29bb), V.T.C.S.). SECTION 3. Amends Sections 86.012 (a) and (b), Local Government Code, to delete the provision that reserve deputy constables who are appointed by the constable may be called on to serve as peace officers during the actual discharge of their official duties. Authorizes a constable to authorize a reserve deputy constable who is not a peace officer as defined 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 to 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. Prohibits a reserve deputy constable who is not a peace officer as described by Article 2.12, Code of Criminal Procedure, from acting as a peace officer exempt during the actual discharge of official duties. Provides that a reserve deputy constable, regardless of whether the reserve deputy constable is a peace officer as defined by Article 2.12, Code of Criminal Procedure, is not eligible for participation in any county program 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 is not exempt from the Private Investigators and Private Security Agencies Act (Article 4413 (29bb), V.T.C.S.). SECTION 4. Amends Sections 341.012 (f), (g), and (h), Local Government Code, to authorize a member of the police reserve force, who is not a peace officer as defined by Article 2.12, Code of Criminal Procedure, to serve as a peace officer only during the actual discharge of official duties. Authorizes a person, who is not a peace officer as defined by Article 2.12, Code of Criminal Procedure, and who is approved to be on the reserve force, to carry a weapon only when authorized to do so by the chief of police and only when carrying out official duties. Authorizes a chief of police, on approval of the appointment of a member who is a peace officer as described by Article 2.12, Code of Criminal Procedure, to authorize the person appointed to carry a weapon or act as a peace officer at all times, regardless of whether the reserve police officer is engaged in the actual discharge of official duties or to 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. Provides that a reserve police officer, regardless of whether the reserve police officer is a peace officer as defined by Article 2.12, Code of Criminal Procedure, is not eligible for participation in any governing body program 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 is not exempt from the Private Investigators and Private Security Agencies Act (Article 4413 (29bb), V.T.C.S.). SECTION 5.Effective date: September 1, 1999. SECTION 6.Emergency clause.