TITLE: Relating to the employment of honorably retired peace officers as school district security personnel and the applicability to those officers of certain law governing private security.

SUMMARY: Relating to the employment of honorably retired peace officers as school district security personnel and the applicability to those officers of certain law governing private security.

FULL TEXT:
AN ACT relating to the employment of honorably retired peace officers as school district security personnel and the applicability to those officers of certain law governing private security. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 37.081, Education Code, is amended by adding Subsection (a-5) to read as follows: (a-5) An honorably retired peace officer, as defined by Section 614.121, Government Code, employed as security personnel under Subsection (a) must: (1) keep the peace officer's license in active status; and (2) fulfill all applicable requirements under Sections 1701.351 and 1701.352, Occupations Code. SECTION 2. Section 1702.002, Occupations Code, is amended by adding Subdivision (19) to read as follows: (19) "School district honorably retired peace officer" means an honorably retired peace officer, as defined by Section 614.121, Government Code, who is employed by a school district. SECTION 3. 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 is a peace officer or a school district honorably retired peace officer [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 for and [] is compensated [by the state or a political subdivision of the state] at least at the minimum wage by: (i) for a peace officer,the state or a political subdivision of the state; or (ii) for a school district honorably retired peace officer, a school district; and (D) is entitled to all employee benefits offered to a peace officer by the state or political subdivision described by Paragraph (C);(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 (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 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.