Relating to the armed security officers required to be present at public schools and the appointment of reserve police officers by a school district police department.

89(R) HB 1458 - Enrolled version - Bill Text

H.B. No. 1458

AN ACT

relating to the armed security officers required to be present at

public schools and the appointment of reserve police officers by a

school district police department.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 2A.001, Code of Criminal Procedure, is

amended to conform to Section 2, Chapter 624 (H.B. 4372), Section 1,

Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and

Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature,

Regular Session, 2023, and is further amended to read as follows:

Art. 2A.001. PEACE OFFICERS GENERALLY. The following are

peace officers:

(1) a sheriff, a sheriff's deputy, or a reserve deputy

sheriff who holds a permanent peace officer license issued under

Chapter 1701, Occupations Code;

(2) a constable, a deputy constable, or a reserve

deputy constable who holds a permanent peace officer license issued

under Chapter 1701, Occupations Code;

(3) a marshal or police officer of a municipality or a

reserve municipal police officer who holds a permanent peace

officer license issued under Chapter 1701, Occupations Code;

(4) a ranger, officer, or member of the reserve

officer corps commissioned by the Public Safety Commission and the

director of the Department of Public Safety;

(5) an investigator of a district attorney's, criminal

district attorney's, or county attorney's office;

(6) a law enforcement agent of the Texas Alcoholic

Beverage Commission;

(7) a member of an arson investigating unit

commissioned by a municipality, a county, or the state;

(8) an officer commissioned under Section 37.081
or

37.0818
, Education Code, or Subchapter E, Chapter 51, Education

Code
, or a reserve police officer appointed under Section 37.0816,

Education Code, who holds a permanent peace officer license issued

under Chapter 1701, Occupations Code
;

(9) an officer commissioned by the Texas Facilities

Commission;

(10) a law enforcement officer commissioned by the

Parks and Wildlife Commission;

(11) an officer commissioned under Chapter 23,

Transportation Code;

(12) a municipal park and recreational patrol officer

or security officer;

(13) a security officer or investigator commissioned

as a peace officer by the comptroller;

(14) an officer commissioned by a water control and

improvement district under Section 49.216, Water Code;

(15) an officer commissioned by a board of trustees

under Chapter 54, Transportation Code;

(16) an investigator commissioned by the Texas Medical

Board;

(17) an officer 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;

(C) the board of directors of the Midland County

Hospital District of Midland County, Texas, under Section 1061.121,

Special District Local Laws Code; or

(D) the board of hospital managers of the Lubbock

County Hospital District of Lubbock County, Texas, under Section

1053.113, Special District Local Laws Code;

(18) a county park ranger commissioned under

Subchapter E, Chapter 351, Local Government Code;

(19) an investigator employed by the Texas Racing

Commission;

(20) an officer commissioned under Chapter 554,

Occupations Code;

(21) an officer commissioned by the governing body of

a metropolitan rapid transit authority under Section 451.108,

Transportation Code, or a regional transportation authority under

Section 452.110, Transportation Code;

(22) an investigator commissioned by the attorney

general under Section 402.009, Government Code;

(23) a security officer or investigator commissioned

as a peace officer under Chapter 466, Government Code;

(24) an officer appointed by an appellate court under

Subchapter F, Chapter 53, Government Code;

(25) an officer commissioned by the state fire marshal

under Chapter 417, Government Code;

(26) an investigator commissioned by the commissioner

of insurance under Section 701.104, Insurance Code;

(27) an
officer appointed by the inspector general of

[
apprehension specialist or inspector general commissioned by
] the

Texas Juvenile Justice Department [
as an officer
] under Section

242.102 [
or 243.052
], Human Resources Code;

(28) an officer appointed by the inspector general of

the Texas Department of Criminal Justice under Section 493.019,

Government Code;

(29) an investigator commissioned by the Texas

Commission on Law Enforcement under Section 1701.160, Occupations

Code;

(30) a fire marshal or any related officer, inspector,

or investigator commissioned by a county under Subchapter B,

Chapter 352, Local Government Code;

(31) a fire marshal or any officer, inspector, or

investigator commissioned by an emergency services district under

Chapter 775, Health and Safety Code;

(32)
a fire marshal or any officer, inspector, or

investigator of a municipality who holds a permanent peace officer

license issued under Chapter 1701, Occupations Code;

(33)
an officer commissioned by the State Board of

Dental Examiners under Section 254.013, Occupations Code, subject

to the limitations imposed by that section; and

(34)
[
(33)
] an
Alamo complex ranger commissioned by

the General Land Office under Section 31.0515, Natural Resources

Code, subject to the limitations imposed by that section

[
investigator commissioned by the Texas Juvenile Justice

Department as an officer under Section 221.011, Human Resources

Code
].

SECTION 2. Section 37.0814(b), Education Code, is amended

to read as follows:

(b) A security officer described by Subsection (a) must be:

(1) a school district peace officer;

(2) a school resource officer; [
or
]

(3) a commissioned peace officer employed as security

personnel under Section 37.081
;

(4)

a reserve deputy sheriff appointed under Section

85.004, Local Government Code, who is a peace officer as described

by Article 2A.001, Code of Criminal Procedure;

(5)

a reserve police officer appointed under Section

37.0816 who is a peace officer as described by Article 2A.001, Code

of Criminal Procedure; or

(6)

an honorably retired peace officer, as that term

is defined by Section 614.121, Government Code, who has:

(A)

kept their commission as a peace officer in

active status; and

(B)

fulfilled all applicable requirements under

Sections 1701.351, 1701.3525, and 1701.357, Occupations Code
.

SECTION 3. Subchapter C, Chapter 37, Education Code, is

amended by adding Section 37.0816 to read as follows:

Sec.

37.0816.

RESERVE POLICE OFFICERS. (a)

The board of

trustees of a school district may authorize the chief of police of

the school district police department to appoint reserve police

officers for the district.

The board may limit the number of

reserve police officers that the chief may appoint.

(b)

A reserve police officer serves at the discretion of the

chief of police of the school district police department and may be

called into service at any time that the chief considers it

necessary to have additional officers to preserve the peace and

enforce the law.

(c)

The chief of police of a school district police

department may authorize a reserve police officer who holds a

permanent peace officer license issued under Chapter 1701,

Occupations Code, 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 may limit the

authority of the reserve police officer to carry a weapon or act as

a peace officer to only those times during which the reserve police

officer is engaged in the actual discharge of official duties.

(d)

A reserve police officer who does not hold a permanent

peace officer license issued under Chapter 1701, Occupations Code,

may act as a peace officer only:

(1)

if the officer has fulfilled all applicable

requirements under Sections 1701.351 and 1701.3525, Occupations

Code; and

(2) during the actual discharge of official duties.

(e)

A reserve police officer on active duty at the call of

the chief of police of the school district police department and

actively engaged in assigned duties has the same rights,

privileges, and duties as any other peace officer of the state.

(f)

A reserve police officer, regardless of whether the

reserve police officer holds a permanent peace officer license

issued under Chapter 1701, Occupations Code, is not:

(1)

eligible for participation in any program provided

by the agency or the board of trustees of the school district 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 1701.001(6), Occupations Code, is

amended to read as follows:

(6) "Reserve law enforcement officer" means a person

designated as a reserve law enforcement officer under
Section

37.0816, Education Code,
Section 85.004, 86.012, or 341.012, Local

Government Code, or Section 60.0775, Water Code.

SECTION 5. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 6. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 1458 was passed by the House on April

17, 2025, by the following vote: Yeas 145, Nays 0, 1 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 1458 was passed by the Senate on May

25, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor