Texas Local Government Code - Section 85.004. Reserve Deputies
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§ 85.004. RESERVE DEPUTIES. (a) The commissioners court
of a county may authorize the sheriff to appoint reserve deputy
sheriffs. The commissioners court may limit the number of reserve
deputies that may be appointed.
(b) A reserve deputy serves at the discretion of the sheriff
and may be called into service if the sheriff considers it necessary
to have additional officers to preserve the peace and enforce the
law. The sheriff may authorize a reserve deputy who is a peace
officer as described by Article 2.12, Code of Criminal Procedure,
to carry a weapon or act as a peace officer at all times, regardless
of whether the reserve deputy is engaged in the actual discharge of
official duties, or may limit the authority of the reserve deputy to
carry a weapon or act as a peace officer to only those times during
which the reserve deputy is engaged in the actual discharge of
official duties. A reserve deputy who is not a peace officer as
described by Article 2.12, Code of Criminal Procedure, may act as a
peace officer only during the actual discharge of official duties.
A reserve deputy, regardless of whether the reserve deputy is a
peace officer as described by Article 2.12, Code of Criminal
Procedure, is not:
(1) eligible for participation in any program provided
by the county that is normally considered a financial benefit of
full-time employment or for any pension fund created by statute for
the benefit of full-time paid peace officers; or
(2) exempt from Chapter 1702, Occupations Code.
(c) A reserve deputy, before beginning to perform the duties
of office and at the time of appointment, must file an oath and
execute and file a bond in the amount of $2,000 payable to the
sheriff. The oath and bond shall be filed with the county clerk.
(d) A reserve deputy on active duty at the call of the
sheriff and actively engaged in assigned duties has the same
rights, privileges, and duties as any other peace officer of the
state.
(e) The sheriff of a county that borders the Gulf of Mexico
may organize some of the reserve deputies to serve as marine reserve
deputies and lifeguards for beach and water safety purposes and
other related functions as the sheriff may determine. A reserve
deputy performing functions under this subsection is subject to the
laws of this state that relate to reserve deputies except that they
may not carry firearms in the performance of their duties.
(f) An organization formed under Subsection (e) may include
both paid and unpaid deputies and reserve deputies. The
organization may accept contributions and gifts from foundations,
individuals, corporations, and governmental entities, including
appropriations by the state on a direct or matching fund basis, to
assist the county in providing water safety programs in the
interest of the health, safety, and welfare of persons using the
coastal water of this state.
(g) The county or sheriff is not liable, because of the
appointment of a reserve deputy, if the reserve deputy incurs
personal injury while serving in an official capacity.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1999, 76th Leg., ch. 90, § 2, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1420, § 14.820, eff. Sept. 1, 2001.
Section: 84.901 84.902 85.001 85.0011 85.002 85.0025 85.003 85.004 85.005 85.006 85.021 85.022 85.023 86.001 86.002
Last modified: August 11, 2007
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