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APA LEGISLATIVE UPDATES
78th Legislative Update
S.B. 103 - Peace Officer's Statewide Right to Carry Weapon
Changes Section 46.15 - (Unlawful Carrying Weapons) of the Penal Code to allow peace officers to carry their weapon into "an establishment in this state serving the public", regardless if the officer is on or off duty. Places such as Astroworld could no longer require officers to check their guns in at the door.
- Commissioned peace officers from 'a recognized state' would be able to carry their weapon into the State of Texas. A "recognized state" means 'another state of which the attorney general of this state, with the approval of the governor of this state, negotiated an agreement…'

S.B. 117 - Honorably Retired Peace Officers Allowed to Carry Handguns -
The Occupation's Code would allow an officer to continue carrying their firearm once retired as long as they have honorably retired with at least 20 years of service as a commissioned officer. The retired officer would still need to qualify every 2 years and must not have a psychological or physical disability that would interfere with the officer's handling of the firearm.
- The officer's license may not have been revoked or suspended at any time during the officer's commission.

The Penal Code is also changed to exempt retired peace officers from PC 46.02 - (Unlawfully Carrying Weapons) and PC 46.03 (Places Where Weapons Prohibited).
- The retired officer must hold a certificate of proficiency and carries a photo identification that identifies them as an honorably retired peace officer.

S.B. 165 - Removal of Personal Property from Roadway
Under the Transportation Code, a law enforcement agency may remove personal property from a roadway if the property blocks the roadway or endangers public safety. The property may be removed without the owner's consent, and the agency is not liable for damages unless it causes damage to the property in a reckless or grossly negligent manner.

S.B. 176 - Interference with Emergency Communications
Changes Section 42.062 - (Interference with Emergency Communications) of the Penal Code to define an 'emergency' to state that a person must be in fear of imminent 'assault' (instead of serious bodily injury).

Also changed in the Code of Criminal Procedure is Article 14.03 - Authority of Peace Officers. Officers may now arrest, without a warrant, persons who the peace officer has probable cause to believe have prevented or interfered with an individual's ability to place a telephone call in an emergency, if the offense did not occur in the presence of the office.

S.B. 193 - The 'Move Over Bill' for Passing an Emergency Vehicle
Creates an offense under the Transportation Code to require a vehicle approaching a stationary emergency vehicle that is using emergency lights to either:
1) Vacate the lane closest to the emergency vehicle if driving on a roadway with 2 or more available lanes that travel in the same direction as the emergency vehicle; or
2) Slow to a speed of 20 mph slower than the posted speed limit if the speed limit is over 25mph (or 5mph below the speed limit if the speed limit is under 25 mph).

S.B. 408 - Enhanced Penalty for Terroristic Threat if Committed against a Public Servant
The offence of Terrorist Threat is now at least a Class A Misdemeanor if committed against a public servant or a member of the suspect's family. (Unless it was already a violation at a higher charge).

S.B. 461 - Police 'Funeral or Construction' Escort Bill
Amends the Transportation Code to allows peace officers to operate an emergency vehicle while conducting a police escort. 'Police escorts' are defined as facilitating the movement of a funeral, oversized or hazardous load, or other traffic disruption for public safety purposes.

- Austin City Ordinance 8-15-1 still defines a 'Motor Vehicle Escort Vehicle', and still prohibits the vehicle from being equipped with a siren, decals, placards, or other symbols that resemble official police officer badges (or words that say "police", "official", or "officer").

S.B. 482 - Clarification of 'Personal Injury' and 'In the Line of Duty'
The Government Code clears up language defining 'personal injury' and 'in the line of duty'. Further, it is stated that in the determination of whether the survivor is eligible for the payment, any reasonable doubt arising from the circumstances of the individual's death shall be resolved in favor of the payment of the survivor. Survivors of certain police chaplains killed in the line of duty are now eligible for state benefits under Chapter 615 of the Government Code.

S.B. 840 - Expanded Jurisdiction of Peace Officers
Changes the authority of peace officers under Article 14.03 of the Code of Criminal Procedures. An officer outside of their jurisdiction may arrest, without a warrant, a person who commits an offense in the officer's presence or view. The offense must be a felony, breach of the peace, a violation of Chapter 42 (Disorderly Conduct offenses), or Chapter 49 (Intoxication and Alcoholic Beverage offenses).

S.B. 1896 - Warrantless Arrest when a Person Confesses to a Felony
Adds the authority of a peace officer under the Code of Criminal Procedure to make a warrantless arrest when a person makes a statement confessing to a felony. The officer still needs probable cause to believe the felony took place.

H.B. 292 - Mandatory DWI Blood Sample in Serious Bodily Injury Collisions
The Transportation Code is amended to require breath or blood samples in any intoxication offense (under Chapter 49) that an individual (other than the suspect) suffers serious bodily injury or death.

H.B. 325 - Fail to Identify Enhancements
The offense of Fail to Identify is now a Class B Misdemeanor if the person gives a false or fictitious name, residence address, or date of birth to a peace officer. The charge is a Class A Misdemeanor if the suspect was a fugitive from justice. There is no change in the law if the suspect only 'refuses' to provide the information.

H.B. 325 also creates a Class A Misdemeanor for a person to fail to immediately report a felony that resulted in serious bodily injury or death. The person must have been able to immediately report the felony without placing themselves in danger of serious bodily injury or death.

H.B. 562 -DNA Records: Capital Murder
The Government Code now requires a specimen or sample of DNA from an inmate or juvenile serving a sentence in for Capital Murder (this was a loop-hole fixed in the law since before it was required in Murder cases, but not Capital Murder cases).

H.B. 831 - Offense Created for Pointing a Laser Pointer at a Peace Officer
Creates a Class C Misdemeanor to point the light of a Laser Pointer at a uniformed Peace Officer, EMS tech, or Firefighter.

H.B. 900 - All-Terrain Vehicles operated by Peace Officers
The Transportation Code now exempts peace officers to allow all-terrain vehicle usage on a public roadway. The ATV must be used in the connection of the officer's official duty. The officer must attach a triangular orange flag to the back of the ATV, at the top of an eight (8) foot long pole. The ATV must be equipped with headlights and taillights, which must be illuminated. The officer must also have a driver's license.

H.B. 1458 - Retaliation Against an Honorably Retired Peace Officer
'Honorably retired peace officers' in the definition of public servant under Section 36.06 of the Penal Code. 'Honorably retired' for this section means the officer did not retire due to disciplinary reasons, or was medically retired for an injury obtained relating to the officer's employment.

H.B. 2038 - Entrance examinations for Police
Amends Section 143.025 of the Local Government Code to require entrance examinations for police applicants be based a person's general knowledge and aptitude.

H.B. 2795 - 24 Hour / 48 Hour Magistration Extension
The time limits for filing charges against a person who is arrested and is hospitalized do not start until the arrested person is released from the hospital.

Military Changes for Officers

H.B. 1223 - Residence Homestead Tax Exemption for Military Service
The Tax Code is amended under section 11.13 so that a qualified residential structure does not lose its character as a residence homestead when the owner temporarily stops occupying the principle residence caused by owner's military service outside of the United States.

H.B. 2385 - Military Call-up Salary Continuation/Payments
The Local Government Code is changed so that once an employee's military leave has been exhausted and the employee are still mandated by the military to remain active, the municipality or county employer may continue the salary payments.

H.B. 2400 - Military Leave of Absence
Section 143.072 of the Local Government Code is added to require municipalities to provide military leave time accounts for fire fighters or police officers and to maintain their health, dental, and life insurance coverage and benefits should a fire fighter or police officer be called to active military duty.

Police officers may voluntarily substitute for another police officer that has been called to active military duty if they are expected to be gone 12 months or longer.

The Local Government Code also adds Section 143.075 to require municipality to maintain military leave accounts. A police officer may donate any amount of accumulated vacation, holiday, sick, or compensatory leave time to the military leave time account in that police officer's department to help provide salary continuation for police officers who qualify as eligible beneficiaries.

Some other Legal Changes

H.B. 565 - Enhanced Penalty for Assaulting Security Guards
Allows charges of Assault and Aggravated Assault to be enhanced like they are if committed upon peace officers. The suspect must commit an assault upon a person the suspect knows to be a security guard.

H.B. 875 - State Board of Dental Examiners Commissioned Peace Officers
Adds an officer commissioned by the State Board of Dental Examiners to be recognized as peace officers under Section 254.013 of the Occupations Code.

H.B. 1326 - Penalties for Racing
Creates penalties in the Transportation Code for a person who races a vehicle or participants in a vehicle contest of speed. In addition to the driver's license being suspended, the offense starts out as a Class B Misdemeanor.
- The offense can be enhanced if the person has been previously convicted, was legally intoxicated, or was in possession of an open container (of alcohol);
- With two convictions, the offense is enhanced to a State Jail Felony;
- If a person suffers bodily injury, the offense is a Third Degree Felony; or
- If a person suffers serious bodily injury the offense is a Second Degree Felony.

H.B. 1592 - Performing Surgery while Intoxicated
Under the Occupation's Code, a person commits a State Jail Felony if the person is licensed or regulated to perform surgery on a patient and does so while legally intoxicated, and places the patient at a substantial and unjustifiable risk of harm. An exception is if the surgery was performed in an emergency.

S.B. 45 - Driving While Intoxicated with a Child Passenger
Creates an offense in the Penal Code so that a person commits a State Jail Felony if they are DWI, and there is a child younger than 15 years of age inside the vehicle. This law specifies 'motor vehicles' only, and does not apply to boats or aircraft.

S.B. 57 - Statewide AMBER Alert System
Under the Government Code, the statewide AMBER alert system is created for the use of local law enforcement if a child is believed to have been abducted and the child is believed to be in immediate danger of serious bodily injury or death.

S.B. 401 - Hepatitis Exposure - Responsibility of Employer to Pay for Test
The Health and Safety Code is changed to remove the responsibility of the peace officer to pay for the costs of a test if the employee is accidentally exposed to Hepatitis B or Hepatitis C. (Before it was to be paid for by either the employer or the employee).
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