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89(R) HB 4023 - Engrossed version - Bill Text
By: Raymond, McLaughlin
H.B. No. 4023
A BILL TO BE ENTITLED
AN ACT
relating to the exemption of certain reserve peace officers from
regulation as private security personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 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, and is
entitled to all employee benefits offered to a peace officer by the
state or political subdivision;
(2) a reserve peace officer
, if:
(A)
[
while
] the reserve
peace
officer
is
appointed by a state law enforcement agency or a law enforcement
agency in the county in which the officer
is performing guard,
patrolman, or watchman duties for
any person or a state agency or
political subdivision;
(B) the reserve peace officer
[
a county and
] is
being compensated solely by
the state agency, or political
subdivision described by Paragraph (A)
[
that county
];
(C)
the chief administrative officer of the
reserve peace officer's appointing law enforcement agency approves
the reserve peace officer to perform the duties described by
Paragraph (A); and
(D)
the duties described by Paragraph (A) are
performed in a county that:
(i)
has a population of at least 250,000 but
not more than 650,000; and
(ii)
is adjacent to an international
border;
(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 2. This Act takes effect September 1, 2025.