Law:Title 11. Public Safety (Texas)

From Law Delta

Jump to: navigation, search

Subtitle A. Municipal Public Safety

Contents

Chapter 341. Municipal Law Enforcement

Subchapter A. Regular Police Force

Section  341.001.  Police Force Of Type A General-law Municipality.

(a) The governing body of a Type A general-law municipality may establish and regulate a municipal police force.

(b)  The governing body by ordinance may provide for the appointment of police officers the governing body considers necessary and for the terms of office and qualifications of the officers.

(c)  The governing body by ordinance may provide that the police officers serve at the pleasure of the governing body.

(d)  Each police officer shall execute a bond as the governing body may require. The bond must be conditioned that the officer will faithfully perform the officer's duties.

(e)  A police officer has:

(1)  the powers, rights, duties, and jurisdiction granted to or imposed on a peace officer by the Code of Criminal Procedure; and

(2)  other powers and duties prescribed by the governing body.

(f)  A police officer may serve in each county in which the municipality is located all process issued by a municipal court.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 829, Sec. 2, eff. Aug. 28, 1995.



Section  341.002.  Police Force Of Type C General-law Municipality.

The governing body of a Type C general-law municipality may appoint police officers that the governing body considers necessary and may define the duties of the officers.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.



Section  341.003.  Police Force Of Home-rule Municipality.

A home-rule municipality may provide for a police department.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.



Subchapter B. Other Police Forces

Section  341.011.  Special Police Force In Type A General-law Municipality.

(a) The mayor of a Type A general-law municipality shall summon as many residents as the mayor considers necessary to serve as a special police force if the mayor considers the force necessary:

(1)  to enforce the municipality's laws, avert danger, or protect life or property;

(2)  because of riot, outbreak, calamity, or public disturbance; or

(3)  because of threat of serious violation of law or order, of outbreak, or of other danger to the municipality or its inhabitants.

(b)  The mayor may issue the summons by:

(1)  proclamation or other order addressed to the residents of the municipality generally or to the residents of a ward or other subdivision of the municipality; or

(2)  personal notice.

(c)  A special police force has the powers of the regular police force of the municipality.

(d)  A special police force is subject to the orders of the mayor and shall perform the duties required by the mayor.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.



Section  341.012.  Police Reserve Force.

(a) The governing body of a municipality may provide for the establishment of a police reserve force.

(b)  The governing body shall establish qualifications and standards of training for members of the reserve force.

(c)  The governing body may limit the size of the reserve force.

(d)  The chief of police shall appoint the members of the reserve force. Members serve at the chief's discretion.

(e)  The chief of police may call the reserve force into service at any time the chief considers it necessary to have additional officers to preserve the peace and enforce the law.

(f)  A member of a reserve force 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.

(g)  An appointment to the reserve force must be approved by the governing body before the person appointed may carry a weapon or otherwise act as a peace officer. On approval of the appointment of a member who is not a peace officer as described by Article 2.12, Code of Criminal Procedure, the person appointed may carry a weapon only when authorized to do so by the chief of police and only when discharging official duties as a peace officer.

(h)  Reserve police officers may act only in a supplementary capacity to the regular police force and may not assume the full-time duties of regular police officers without complying with the requirements for regular police officers. On approval of the appointment of a member who is a peace officer as described by Article 2.12, Code of Criminal Procedure, the chief of police may authorize the person appointed to carry a weapon or act as a peace officer at all times, regardless of whether the person is engaged in the actual discharge of official duties, or may limit the authority of the person to carry a weapon or act as a peace officer to only those times during which the person is engaged in the actual discharge of official duties. A reserve police officer, regardless of whether the reserve police officer 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 governing body 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.

(i)  This section does not limit the authority of the mayor of a Type A general-law municipality to summon a special police force under Section 341.011.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 90, Sec. 4, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.825, eff. Sept. 1, 2001.



Subchapter C. Marshals

Section  341.021.  Marshal Of Type A General-law Municipality.

(a) The marshal of a Type A general-law municipality is the ex officio chief of police.

(b)  The marshal may appoint one or more deputies. The appointment of a deputy must be approved by the governing body of the municipality.

(c)  The marshal or a deputy marshal shall be available to the municipal court when it is in session and shall promptly and faithfully execute writs and process issued by the court. The marshal may execute writs and serve process within each county in which the municipality is located, both inside and outside the municipal boundaries.

(d)  The marshal may take suitable and sufficient bail for the appearance before the municipal court of a person charged with a violation of an ordinance or law of the municipality.

(e)  The marshal has the same power and jurisdiction as a peace officer has under the Code of Criminal Procedure to execute warrants, to prevent and suppress crime, and to arrest offenders. The marshal has other powers, not inconsistent with state law, that the governing body confers by ordinance.

(f)  The marshal may close a theater, ballroom, or other place of public recreation or entertainment to prevent a breach of the peace or to preserve quiet and good order.

(g)  The marshal shall:

(1)  quell riots, disorder, and disturbance of the peace in the municipality;

(2)  take into custody a person who disturbs the peace of the municipality;

(3)  arrest, without warrant, a person who disturbs the peace, otherwise engages in disorderly conduct or a disturbance, or obstructs or interferes with the performance of the marshal's duties; and

(4)  perform other duties, not inconsistent with state law, that the governing body prescribes by ordinance.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 829, Sec. 3, eff. Aug. 28, 1995.



Section  341.022.  Marshal Of Type B General-law Municipality.

(a) The marshal of a Type B general-law municipality has the same power within the municipality that a constable has within a precinct and is entitled to the same fees as a constable.

(b)  The marshal shall perform duties, not inconsistent with state law, prescribed by the bylaws and ordinances of the municipality for fees determined by the governing body of the municipality.

(c)  The marshal is the tax assessor-collector of the municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.



Subchapter Z. Miscellaneous Provisions

Section  341.901.  Watchmen In Type A General-law Municipality.

The governing body of a Type A general-law municipality may appoint watchmen and prescribe their powers and duties.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.



Section  341.902.  Workhouse And House Of Correction In Type A General-law Municipality.

(a) The governing body of a Type A general-law municipality may build and establish one or more jails inside or outside the municipality.

(b)  The governing body may adopt necessary rules and appoint necessary keepers or assistants for the jails.

(c)  Vagrants and disorderly persons may be confined in a jail on commitment by a municipal court judge. A person who fails or refuses to pay the fine or costs imposed for an offense may be confined in a jail.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 402, Sec. 17, eff. Sept. 1, 2001.



Section  341.903.  Authority Of Home-rule Municipality To Police Municipally Owned Property Outside Municipality.

A home-rule municipality may police the following areas owned by and located outside the municipality:

(1)  parks and grounds;

(2)  lakes and land contiguous to and used in connection with a lake; and

(3)  speedways and boulevards.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.



Section  341.904.  Possession Or Use Of Law Enforcement Identification, Insignia, Or Vehicle In Populous Municipality.

(a) In this section, "police identification item" means a badge, identification card, insignia, shoulder emblem, or uniform of a municipal police department.

(b)  In a municipality with a population of 1.18 million or more, a person commits an offense if the person intentionally or knowingly:

(1)  uses, possesses, or wears:

(A)  a police identification item of the municipal police department;

(B)  an item bearing the insignia or design prescribed by the police chief of the municipality for officers and employees of the municipal police department to use while engaged in official activities; or

(C)  within the municipal police department's jurisdiction, an item that is deceptively similar to a police identification item of the department;

(2)  uses, within the municipal police department's jurisdiction, the name of the department in connection with an object to create the appearance that the object belongs to or is used by the department; or

(3)  uses, possesses, or operates, within the municipal police department's jurisdiction, a marked patrol vehicle that is deceptively similar to a department patrol vehicle.

(c)  An item or vehicle is deceptively similar to a police identification item or patrol vehicle of a municipal police department if the circumstances under which the object is used could mislead a reasonable person as to the object's identity.

(d)  An offense under this section is a Class B misdemeanor.

(e)  It is an affirmative defense to prosecution under this section that:

(1)  the object was used or intended to be used exclusively for decorative purposes and:

(A)  the actor was not engaged in an activity involving police work or security work; or

(B)  the object was used only in an artistic or dramatic presentation;

(2)  the actor was engaged in the commercial manufacturing or commercial sales of the items described by Subsection (b);

(3)  the actor was a licensed peace officer who:

(A)  was on active duty discharging an official duty for an agency listed under Article 2.12, Code of Criminal Procedure, and acting under the agency's direct supervision; and

(B)  was not privately employed as or hired on an individual or independent contractor basis as a patrolman, guard, watchman, flagman, or traffic conductor;

(4)  the police chief consented, after determining that consent would serve law enforcement interests in the municipality, to the actor's:

(A)  using or possessing a police identification item or other insignia of the municipal police department;

(B)  using, possessing, or wearing an item or insignia similar to a police identification item or insignia of the municipal police department; or

(C)  operating a vehicle similar to a patrol vehicle of the municipal police department; or

(5)  the actor prosecuted under this section for wearing a uniform wore a light blue uniform shirt in a municipality that uses a light blue uniform shirt with navy blue pocket flaps and epaulets for its police officers, if the actor's shirt did not have:

(A)  the contrasting navy blue pocket flaps or epaulets found on the municipal police officers' uniform shirts; and

(B)  a shoulder emblem similar in shape, color, or design to an emblem found on the municipal police officers' uniform shirts.

(f)  The attorney general or a municipal attorney, district attorney, or prosecuting attorney performing the duties of district attorney for the district in which a court is located may apply to the district court to enjoin a violation of this section. A district court shall grant an injunction if evidence demonstrates that a violation has occurred or will likely occur.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 10.05(a), eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 669, Sec. 101, eff. Sept. 1, 2001.



Section  341.905.  Juvenile Curfew In General-law Municipality. (a)

To provide for the public safety, the governing body of a general-law municipality has the same authority to adopt a juvenile curfew ordinance that a county has under Section 351.903.

(b)  The governing body of a general-law municipality may adopt by ordinance a juvenile curfew order adopted by the commissioners court of the county in which any part of the municipality is located and may adapt the order to fit the needs of the municipality.

(c)  If the governing body of a general-law municipality adopts an ordinance under this section, a person commits an offense if the person violates a restriction or prohibition imposed by the ordinance.

(d)  An offense under this section is a Class C misdemeanor.

Added by Acts 1995, 74th Leg., ch. 262, Sec. 93, eff. May 31, 1995. Renumbered from Local Government Code Sec. 341.904 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(67), eff. Sept. 1, 1997.

Chapter 342. Municipal Fire Protection

Subchapter A. Provisions Applicable To Type A General-law Municipality

Section  342.001. 

 

Subchapter

APPLICABLE TO TYPE A GENERAL-LAW MUNICIPALITY. This subchapter applies only to a Type A general-law municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.



Section  342.002.  Rules Relating To Frame Buildings.

(a) The governing body of the municipality may, for the purpose of preventing calamitous fires, prohibit the construction, location, relocation, or repair of wooden buildings within areas of the municipality designated by the governing body. Within those areas, the governing body may:

(1)  prohibit the relocation of a wooden building from outside the area to a site in the area;

(2)  prohibit the relocation of a wooden building from one site to another in the area;

(3)  direct that all buildings within the area be constructed of fireproof materials;

(4)  prohibit the rebuilding or repairing in the area of a wooden building that has been damaged to the extent of 50 percent or more of its value;

(5)  declare to be a nuisance any dilapidated building; and

(6)  declare to be a nuisance any wooden building that is in the area and that the governing body considers a danger to contiguous buildings or considers a cause or promoter of fires.

(b)  The governing body may determine the method of ascertaining damage under Subsection (a)(4) and may direct the manner in which a building declared to be a nuisance under Subsection (a)(5) or (6) is to be repaired or removed or the nuisance is to be abated.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.



Section  342.003.  Fire Regulations.

(a) The governing body of the municipality may:

(1)  prohibit dangerous chimneys, flues, fireplaces, stovepipes, ovens, and other apparatus used in or about any building, and require the apparatus to be removed or placed in a safe condition;

(2)  prohibit the unsafe deposit of ashes;

(3)  appoint officers who may enter any building or enclosure to examine and determine whether it is in a dangerous condition and, if the building or enclosure is in a dangerous condition, require that it be put in a safe condition;

(4)  require the inhabitant of a building to maintain as many fire buckets and means of access to the roof as prescribed by the governing body, and regulate the use of those items in the event of a fire;

(5)  require the owner or occupant of a building to maintain access to the roof and to stairs or ladders that lead to the roof;

(6)  prohibit or otherwise regulate factories and other works that pose a danger of promoting or causing fires;

(7)  prohibit or otherwise regulate the erection of cotton presses and sheds;

(8)  prohibit or otherwise regulate the use of fireworks and firearms;

(9)  prohibit, direct, or otherwise regulate the keeping and management of buildings within the municipality that are used to store gunpowder or other combustible, explosive, or dangerous materials, and regulate the keeping and conveying of those materials;

(10)  regulate the building of parapet or party walls;

(11)  authorize the mayor or other municipal officers, including the officers of fire companies, to keep away from the vicinity of any fire all idle, disorderly, or suspicious persons, and to arrest and confine those persons;

(12)  compel municipal officers and all other persons to aid in extinguishing fires, preserving property exposed to the danger of fire, and preventing theft; and

(13)  adopt other rules for the prevention and extinguishment of fires as the governing body considers necessary.

(b)  Subsection (a)(8) or (9) does not authorize a municipality to adopt any prohibition or other regulation in violation of Section 229.001.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(t), eff. Aug. 28, 1989; Acts 2001, 77th Leg., ch. 1420, Sec. 12.002(10), eff. Sept. 1, 2001.



Section  342.004.  Fire Department.

(a) The governing body of the municipality may organize a fire department consisting of fire companies and the chief and any assistant engineers. The governing body shall prescribe the powers and duties of the fire department and its officers.

(b)  Each company may elect its own members and officers. A company may adopt a constitution and bylaws that are not inconsistent with the statutes and the municipal ordinances.

(c)  The fire department engineers shall be chosen as determined by the department, subject to the approval of the governing body, which shall pass ordinances that it considers necessary for the welfare of the department. The mayor shall commission each elected officer approved by the governing body.

(d)  The governing body may obtain fire engines and other fire-protection equipment, control the use of the equipment, and provide fire stations to preserve the equipment. The fire department shall maintain the fire engines and other fire-protection equipment.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.



Section  342.005.  Destruction Of Buildings; Claim.

(a) If a building in the municipality is on fire, the chief or acting chief engineer of the fire department with the concurrence of the mayor may order the burning building, or any other building determined to be hazardous and likely to transmit the fire to additional buildings, to be destroyed.

(b)  Except as provided by Subsection (c), the municipality and the officers that act under Subsection (a) are not liable for damages resulting from the destruction.

(c)  Within six months after the date a building is destroyed under this section, a person who has an interest in the building may apply in writing to the governing body of the municipality to request the governing body to assess and pay the damages of the person. If the governing body and the claimant cannot agree on the terms of adjustment, they shall refer the application to three commissioners, one appointed by the claimant, one appointed by the governing body, and one appointed jointly by both parties. The commissioners must be qualified voters and owners of real property in the municipality. The commissioners shall swear to faithfully execute their duty to the best of their ability. They may subpoena and swear witnesses. They shall give all parties a fair and impartial hearing and shall give notice of the time and place of each meeting. They shall take into account the probabilities of the destruction of the building by fire if the municipality had not destroyed the building and the loss of any insurance on the property caused by the destruction. They may report that no damages should equitably be allowed to the claimant. If a report is made and confirmed for the appraisal of the damages, compliance with the terms of that report by the governing body constitutes full satisfaction of those damages.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.



Subchapter B. Provisions Applicable To Home-rule Municipality

Section  342.011.  Fire Department.

A home-rule municipality may provide for a fire department.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.



Section  342.012.  Designation Of Fire Limits; Removal Or Destruction Of Structures.

(a) A home-rule municipality may establish fire limits and may prescribe the kind and character of structures and other improvements erected within those limits.

(b)  The municipality may provide for the erection of fireproof buildings within certain limits and may condemn dangerous buildings or other structures, dilapidated buildings, or buildings considered to increase the hazard of fire. The municipality may provide for the manner of the removal or destruction of those buildings or structures.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.



Subchapter C. Mutual Fire-protection Agreements

Section  342.020.  Mutual Fire-protection Agreements In Border Municipalities.

(a) A municipality in this state that is located on the border between this state and the Republic of Mexico may make a mutual fire-protection agreement with its corresponding border municipality in the Republic of Mexico.

(b)  Any fire fighter from a border municipality in this state who responds to a call for fire-fighting assistance from the corresponding border municipality in the Republic of Mexico under the terms of an agreement authorized by this section is performing the fire fighter's official duty for the purposes of Article III, Section 51-d, of the Texas Constitution.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(u), eff. Aug. 28, 1989.


Personal tools
Laws
Variants
Actions
Navigation
Toolbox