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- The officer's license may not have been revoked or suspended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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