Bill Text: TX HB3331 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to complaints against peace officers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-19 - Referred to Homeland Security & Public Safety [HB3331 Detail]
Download: Texas-2013-HB3331-Introduced.html
| By: Guillen | H.B. No. 3331 | |
|
|
||
|
|
||
| relating to complaints against peace officers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 614.001, Local Government Code is | ||
| amended to read as follows: | ||
| Sec. 614.001. DEFINITIONS. In this subchapter: | ||
| (1) "Employer" means the governmental entity or | ||
| private institution as defined by Sec. 51 Education Code that | ||
| employs or appoints a peace officer or fire fighter or that the | ||
| peace officer or fire fighter is elected to serve. | ||
| (2) "Fire fighter" means a member of a fire department | ||
| who performs a function listed in Section 143.003(4), Local | ||
| Government Code, without regard to whether the individual is | ||
| subject to a civil service system or program. | ||
| (3) "Peace officer" means an individual elected, | ||
| appointed, or employed to serve as a peace officer for a | ||
| governmental entity or private institution as defined by Sec. 51 | ||
| Education Code, under Article 2.12, Code of Criminal Procedure, or | ||
| other law. | ||
| Sec. 614.002. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
| applies only to a peace officer or fire fighter employed by: | ||
| (1) the state; | ||
| (2) a municipality with a population of 50,000 or | ||
| more; or | ||
| (3) a county with a population of 190,000 or more; or | ||
| (4) a private institution as defined by Sec. 51 | ||
| Education code; or; | ||
| (5) airport security personnel commissioned as peace | ||
| officers by the governing body of any political subdivision of this | ||
| state; or | ||
| (6) officers commissioned by the governing body of a | ||
| metropolitan rapid transit authority under Section 451.108, | ||
| Transportation Code, or by a regional transportation authority | ||
| under Section 452.110, Transportation Code. | ||
| Sec. 614.021. APPLICABILITY OF SUBCHAPTER. (a) Except as | ||
| provided by Subsection (b), this subchapter applies only to a | ||
| complaint against: | ||
| (1) a law enforcement officer of the State of Texas, | ||
| including an officer of the Department of Public Safety or of the | ||
| Texas Alcoholic Beverage Commission; | ||
| (2) a fire fighter who is employed by this state or a | ||
| political subdivision of this state; | ||
| (3) a peace officer under Article 2.12, Code of | ||
| Criminal Procedure, or other law who is appointed or employed by a | ||
| political subdivision of this state, or private institution as | ||
| defined by Sec. 51 Education Code; or | ||
| (4) a detention officer or county jailer who is | ||
| appointed or employed by a political subdivision of this state. | ||
| (b) This subchapter does not apply to a peace officer or | ||
| fire fighter appointed or employed by a political subdivision that | ||
| is covered by a meet and confer or collective bargaining agreement | ||
| under Chapter 143 or 174, Local Government Code, if that agreement | ||
| includes provisions relating to the investigation of, and | ||
| disciplinary action resulting from, a complaint against a peace | ||
| officer or fire fighter, as applicable. | ||
| Sec. 51.203. CAMPUS PEACE OFFICERS. (a) The governing | ||
| boards of each state institution of higher education and public | ||
| technical institute may employ and commission peace officers, as | ||
| defined by Article 2.12 Code of Criminal Procedure, for the purpose | ||
| of carrying out the provisions of this subchapter. The primary | ||
| jurisdiction of a peace officer commissioned under this section | ||
| includes all counties in which property is owned, leased, rented, | ||
| or otherwise under the control of the institution of higher | ||
| education or public technical institute that employs the peace | ||
| officer. | ||
| (b) Within a peace officer's primary jurisdiction, a peace | ||
| officer commissioned under this section: | ||
| (1) is vested with all the powers, privileges, and | ||
| immunities of peace officers; | ||
| (2) may, in accordance with Chapter 14, Code of | ||
| Criminal Procedure, arrest without a warrant any person who | ||
| violates a law of the state; and | ||
| (3) may enforce all traffic laws on streets and | ||
| highways. | ||
| ( | ||
| c) Outside a peace officer's primary jurisdiction a peace | ||
| officer commissioned under this section is vested with all the | ||
| powers, privileges, and immunities of peace officers and may arrest | ||
| any person who violates any law of the state if the peace officer: | ||
| (1) is summoned by another law enforcement agency to | ||
| provide assistance; | ||
| (2) is assisting another law enforcement agency; or | ||
| (3) is otherwise performing his duties as a peace | ||
| officer for the institution of higher education or public technical | ||
| institute that employs the peace officer. | ||
| (d) Any officer assigned to duty and commissioned shall take | ||
| and file the oath required of peace officers. | ||
| (e) Any person commissioned under this Act must be a | ||
| certified police officer under the requirements of the Texas | ||
| Commission on Law Enforcement Officers and Standards. | ||
| Sec. 51.212. PEACE OFFICERS AT PRIVATE INSTITUTIONS. | ||
| (a) The governing boards of private institutions of higher | ||
| education, including private junior colleges, are authorized to | ||
| employ and commission peace officers as defined by Article 2.12 | ||
| Code of Criminal Procedure for the purpose of enforcing: | ||
| (1) state law on the campuses of private institutions | ||
| of higher education; and | ||
| (2) state and local law, including applicable | ||
| municipal ordinances, at other locations, as permitted by | ||
| Subsection (b) or Section 51.2125. | ||
| (b) Any officer commissioned under the provisions of this | ||
| section is vested with all the powers, privileges, and immunities | ||
| of peace officers if the officer: | ||
| (1) is on the property under the control and | ||
| jurisdiction of the respective private institution of higher | ||
| education or is otherwise performing duties assigned to the officer | ||
| by the institution, regardless of whether the officer is on | ||
| property under the control and jurisdiction of the institution, but | ||
| provided these duties are consistent with the educational mission | ||
| of the institution and are being performed within a county in which | ||
| the institution has land; or | ||
| (2) to the extent authorized by Section 51.2125, is: | ||
| (A) requested by another law enforcement agency | ||
| to provide assistance in enforcing state or local law, including a | ||
| municipal ordinance, and is acting in response to that request; or; | ||
| (B) Otherwise assisting another law enforcement | ||
| agency in enforcing a law described by Paragraph (A). | ||
| (d) The governing boards of private institutions of higher | ||
| education are authorized to hire and pay on a regular basis peace | ||
| officers commissioned by 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 city. 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 city. | ||
| (e) In this section, "private institution of higher | ||
| education" means a private or independent institution of higher | ||
| education as defined by Section 61.003. | ||
| SECTION 2. This Act takes effect September 1, 2013. | ||
