87R5847 JCG-F     By: Harris H.B. No. 1357       A BILL TO BE ENTITLED   AN ACT   relating to the appointment, powers, duties, rights, and privileges   of special Texas constables.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 2, Code of Criminal Procedure, is   amended by adding Article 2.128 to read as follows:          Art. 2.128.  SPECIAL TEXAS CONSTABLE. (a)  In this article,   "department" means the Department of Public Safety.          (b)  The department may appoint as a special Texas constable   an honorably retired peace officer, as defined by Section   614.121(2), Government Code, who:                (1)  served as:                      (A)  an elected or appointed constable in this   state; or                      (B)  a chief deputy constable in the office of an   elected or appointed constable in this state;                (2)  was employed full-time as a peace officer by the   state or a political subdivision of the state for at least 20 years;                (3)  held a master proficiency certificate issued by   the Texas Commission on Law Enforcement upon retirement; and                (4)  has reactivated the officer's license as provided   by Section 1701.3161, Occupations Code.          (c)  A special Texas constable:                (1)  is subject to orders of the Public Safety   Commission and the governor for special duty to the same extent as   other peace officers commissioned under Chapter 411, Government   Code;                (2)  subject to Subdivision (3), has the same rights   and privileges as any other peace officer of this state; and                (3)  may enforce only:                      (A)  provisions of the Penal Code; and                      (B)  other state laws intended to protect life or   property.          (d)  A special Texas constable may:                (1)  serve civil or criminal process and retain a fee   from that service; and                (2)  engage in off-duty employment, except at:                      (A)  an establishment licensed or permitted under   the Alcoholic Beverage Code; or                      (B)  a business that allows a person to bring and   consume on the premises of that business an alcoholic beverage.          (e)  A special Texas constable is not connected to any   elected or appointed constable's office.          (f)  An application for a special Texas constable   appointment must be filed with the department and include a   high-quality photograph of the applicant wearing a suit, tie, and   silver belly western felt hat.          (g)  On appointment of a special Texas constable, the   department shall provide the constable an identification card that   bears:                (1)  a high-quality photograph of the constable wearing   a suit, tie, and silver belly western felt hat;                (2)  the words: "I hereby certify that (name of   officer) has been appointed a special Texas constable by the   Department of Public Safety of the State of Texas effective (date of   appointment)."; and                (3)  following the words required by Subdivision (2),   the public safety director's name and signature.          (h)  Except as provided by Subsection (i), while engaging in   any activity described by Subsection (d) or providing services   under order of the Public Safety Commission or the governor, a   special Texas constable must wear:                (1)  pressed or starched western clothing, including a   silver belly western felt or high-quality straw hat; and                (2)  boots.          (i)  A special Texas constable is not required to wear the   clothing or boots described by Subsection (h) if:                (1)  wearing the clothing or boots is not feasible; or                (2)  a physician licensed under Subtitle B, Title 3,   Occupations Code, recommends to the constable in writing against   wearing the clothing or boots.          (j)  On arrest of an individual by a special Texas constable:                (1)  the constable shall as soon as practicable after   the arrest notify a local law enforcement agency with jurisdiction   over the location where the arrest was made; and                (2)  the law enforcement agency shall:                      (A)  take custody of the arrested person and take   that person before a magistrate as required under Article 14.06;   and                      (B)  take custody of any property seized during or   after the arrest as if that property had been seized by a peace   officer of that agency.          (k)  Before appointment of a person as a special Texas   constable, the person shall enter into a good and sufficient bond   executed by a surety company authorized to do business in this state   in the amount of $5,000, approved by the department, and   indemnifying all persons against damages resulting from an unlawful   act of the person while serving as a special Texas constable.          (l)  The department:                (1)  may establish by rule standards governing the   conduct and duties of a special Texas constable;                (2)  may revoke a special Texas constable appointment   for good cause and for failure of the constable to provide proof of   completion of a requirement described by Section   1701.356(d)(1)(A), (B), or (C), Occupations Code; and                (3)  is not required to provide to a special Texas   constable a training program under Section 1701.352, Occupations   Code.          (m)  A special Texas constable appointment expires on   January 15 of the fifth calendar year after the year in which the   appointment was made.  On expiration of the appointment, a special   Texas constable is eligible for reappointment.          SECTION 2.  Section 1701.356, Occupations Code, is amended   by adding Subsections (d) and (e) to read as follows:          (d)  A special Texas constable appointed under Article   2.128, Code of Criminal Procedure, is exempt from the continuing   education requirements of this chapter, except that the constable:                (1)  must:                      (A)  annually demonstrate weapons proficiency;                      (B)  every 24 months attend at least 20 hours of   instruction in civil process, as described by Section 1701.354;                      (C)  every 24 months complete a training and   education program that covers recent changes to the laws of this   state and of the United States pertaining to peace officers, as   described by Section 1701.351(a-1); and                      (D)  provide the Department of Public Safety proof   of completion of each requirement described by Paragraph (A), (B),   or (C) within 90 days of completing the requirement; and                (2)  is eligible to attend any course offered in this   state that satisfies a requirement described by Subdivision (1).          (e)  Notwithstanding Subsection (d), a special Texas   constable appointed under Article 2.128, Code of Criminal   Procedure, may be exempt from a requirement described by Subsection   (d)(1)(A), (B), or (C) if a physician licensed under Subtitle B,   Title 3, recommends in writing against the constable's   participation in that requirement.  An exemption under this   subsection lasts for not more than 11 months from the date of the   recommendation.          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 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]                (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; or                (5)  a special Texas constable appointed under Article   2.128, Code of Criminal Procedure.          SECTION 4.  This Act takes effect September 1, 2021.