89R14512 MZM-F
	By: Louderback	H.B. No. 3846

	A BILL TO BE ENTITLED
	AN ACT
	relating to the authority of a reserve peace officer.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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 2A.001, 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. Notwithstanding Section
	1702.322, Occupations Code, a reserve deputy may not perform an
	action for which a license is required under Chapter 1702 of that
	code unless the deputy is licensed in accordance with that chapter.
	The sheriff may not authorize a reserve deputy to perform an
	activity requiring the use of a police vehicle outside the county if
	the activity is for private gain. The sheriff may authorize a
	reserve deputy to conduct a police escort as defined by Section
	546.002, Transportation Code, only if the escort begins or ends in
	the county. A reserve deputy [who is not a peace officer as
	described by Article 2A.001, 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 2A.001, 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 2.  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 2A.001, 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. Notwithstanding Section
	1702.322, Occupations Code, a reserve deputy constable may not
	perform an action for which a license is required under Chapter 1702
	of that code unless the deputy is licensed in accordance with that
	chapter. The constable may not authorize a reserve deputy
	constable to perform an activity requiring the use of a police
	vehicle outside the county if the activity is for private gain. The
	constable may authorize a reserve deputy constable to conduct a
	police escort as defined by Section 546.002, Transportation Code,
	only if the escort begins or ends in the county. A reserve deputy
	constable [who is not a peace officer as described by Article
	2A.001, 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 2A.001, 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.  Sections 341.012(g) and (h), Local Government
	Code, are amended to read as follows:
	(g)  An appointment to the reserve force must be approved by
	the governing body before the person appointed may carry a weapon or
	otherwise act as a peace officer. [On approval of the appointment
	of a member who is not a peace officer as described by Article
	2A.001, Code of Criminal Procedure, the person appointed may carry
	a weapon only when authorized to do so by the chief of police and
	only when discharging official duties as a peace officer.]
	(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 2A.001, 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. Notwithstanding Section 1702.322,
	Occupations Code, a reserve police officer may not perform an
	action for which a license is required under Chapter 1702 of that
	code unless the officer is licensed in accordance with that
	chapter. The chief of police may not authorize a reserve police
	officer to perform an activity requiring the use of a police vehicle
	outside a county in which the municipality is wholly or partly
	located if the activity is for private gain. The chief of police
	may authorize a reserve police officer to conduct a police escort as
	defined by Section 546.002, Transportation Code, only if the escort
	begins or ends in a county in which the municipality is wholly or
	partly located. A reserve police officer[, regardless of whether
	the reserve police officer is a peace officer as described by
	Article 2A.001, 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 4.  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 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
	(3) [(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 5.  Sections 60.0775(f), (g), (h), and (i), Water
	Code, are amended to read as follows:
	(f)  A reserve force member [who is not a peace officer as
	described by Article 2A.001, Code of Criminal Procedure, may act as
	a peace officer only during the discharge of official duties. A
	reserve force member who is a peace officer under that article] must
	hold a permanent peace officer license issued under Chapter 1701,
	Occupations Code.
	(g)  The commission must approve an appointment to the
	reserve force before the person appointed may carry a weapon or
	otherwise act as a peace officer. [On approval of the appointment
	of a person who is not a peace officer as described by Article
	2A.001, Code of Criminal Procedure, the person appointed may carry
	a weapon only when authorized to do so by the chief of police and
	only when discharging official duties as a peace officer.] On
	approval of the appointment of a person [who is a peace officer as
	described by Article 2A.001, Code of Criminal Procedure], the chief
	of police may:
	(1)  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 discharge of official duties; or
	(2)  limit the person's authority to carry a weapon or
	act as a peace officer to only those times during which the person
	is engaged in the discharge of official duties.
	(h)  Reserve police officers may act only to supplement the
	district's regular police force and may not assume the full-time
	duties of regular police officers without complying with the
	requirements for regular police officers. Notwithstanding Section
	1702.322, Occupations Code, a reserve police officer may not
	perform an action for which a license is required under Chapter 1702
	of that code unless the officer is licensed in accordance with that
	chapter. The chief of police may not authorize a reserve police
	officer to perform an activity requiring the use of a police vehicle
	outside a county in which the district is wholly or partly located
	if the activity is for private gain. The chief of police may
	authorize a reserve police officer to conduct a police escort as
	defined by Section 546.002, Transportation Code, only if the escort
	begins or ends in a county in which the district is wholly or partly
	located.
	(i)  A reserve police officer[, regardless of whether the
	reserve police officer is a peace officer as described by Article
	2A.001, 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 6.  Section 341.012(f), Local Government Code, is
	repealed.
	SECTION 7.  This Act takes effect September 1, 2025.