CHAPTER 341. MUNICIPAL LAW ENFORCEMENT - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 11. PUBLIC SAFETY

SUBTITLE A. MUNICIPAL PUBLIC SAFETY

CHAPTER 341. MUNICIPAL LAW ENFORCEMENT

SUBCHAPTER A. REGULAR POLICE FORCE

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.