Texas Code of Criminal Procedure - Article 2.121. Railroad Peace Officers
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Art. 2.121. RAILROAD PEACE OFFICERS. (a) The director of
the Department of Public Safety may appoint up to 250 railroad peace
officers who are employed by a railroad company to aid law
enforcement agencies in the protection of railroad property and the
protection of the persons and property of railroad passengers and
employees.
(b) Except as provided by Subsection (c) of this article, a
railroad peace officer may make arrests and exercise all authority
given peace officers under this code when necessary to prevent or
abate the commission of an offense involving injury to passengers
and employees of the railroad or damage to railroad property or to
protect railroad property or property in the custody or control of
the railroad.
(c) A railroad peace officer may not issue a traffic
citation for a violation of Chapter 521, Transportation Code, or
Subtitle C, Title 7, Transportation Code.
(d) A railroad peace officer is not entitled to state
benefits normally provided by the state to a peace officer.
(e) A person may not serve as a railroad peace officer for a
railroad company unless:
(1) the Texas Railroad Association submits the person's
application for appointment and certification as a railroad peace
officer to the director of the Department of Public Safety and to
the executive director of the Commission on Law Enforcement Officer
Standards and Education;
(2) the director of the department issues the person a
certificate of authority to act as a railroad peace officer; and
(3) the executive director of the commission determines
that the person meets minimum standards required of peace officers
by the commission relating to competence, reliability, education,
training, morality, and physical and mental health and issues the
person a license as a railroad peace officer; and
(4) the person has met all standards for certification as a
peace officer by the Commission on Law Enforcement Officer
Standards and Education.
(f) For good cause, the director of the department may
revoke a certificate of authority issued under this article and the
executive director of the commission may revoke a license issued
under this article. Termination of employment with a railroad
company, or the revocation of a railroad peace officer license,
shall constitute an automatic revocation of a certificate of
authority to act as a railroad peace officer.
(g) A railroad company is liable for any act or omission by a
person serving as a railroad peace officer for the company that is
within the person's scope of employment. Neither the state nor any
political subdivision or agency of the state shall be liable for any
act or omission by a person appointed as a railroad peace officer.
All expenses incurred by the granting or revocation of a
certificate of authority to act as a railroad peace officer shall be
paid by the employing railroad company.
(h) A railroad peace officer who is a member of a railroad
craft may not perform the duties of a member of any other railroad
craft during a strike or labor dispute.
(i) The director of the department and the executive
director of the commission shall have the authority to promulgate
rules necessary for the effective administration and performance of
the duties and responsibilities delegated to them by this article.
Added by Acts 1985, 69th Leg., ch. 531, Sec. 1, eff. June 12, 1985.
Amended by Acts 1999, 76th Leg., ch. 62, Sec. 3.01, eff. Sept. 1,
1999.
Article: 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.121 2.122 2.123 2.124 2.125 2.13 2.131 2.132
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Last modified: August 10, 2007
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