CHAPTER 362. LAW ENFORCEMENT SERVICES PROVIDED THROUGH COOPERATION OF MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL GOVERNMENTS - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 11. PUBLIC SAFETY

SUBTITLE C. PUBLIC SAFETY PROVISIONS APPLYING TO MORE THAN ONE

TYPE OF LOCAL GOVERNMENT

CHAPTER 362. LAW ENFORCEMENT SERVICES PROVIDED THROUGH

COOPERATION OF MUNICIPALITIES, COUNTIES, AND CERTAIN OTHER LOCAL

GOVERNMENTS

Sec. 362.001. DEFINITIONS. In this chapter:

(1) "Joint airport" means an airport that is operated jointly by

two municipalities and that is situated in two counties.

(2) "Law enforcement officer" means a municipal police officer,

sheriff, deputy sheriff, constable, deputy constable, marshal,

deputy marshal, investigator of a district attorney's, criminal

district attorney's, or county attorney's office, or police

officer of a joint airport who has been commissioned as a peace

officer under the laws of this state.

(3) "Multicounty drug task force" means a mutual aid law

enforcement task force that is established as a multicounty law

enforcement cooperation between counties and municipalities to

enhance multicounty interagency coordination, acquire

intelligence information, and facilitate multicounty

investigations of drug-related crimes.

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

Amended by Acts 1999, 76th Leg., ch. 210, Sec. 1, eff. May 24,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

556, Sec. 1, eff. September 1, 2005.

Sec. 362.002. LAW ENFORCEMENT ASSISTANCE. (a) A county,

municipality, or joint airport may, by resolution or order of its

governing body, provide for, or authorize its chief

administrative officer, chief of police, or marshal to provide

for, its regularly employed law enforcement officers to assist

another county, municipality, or joint airport. This assistance

may be provided only when the mayor or other officer authorized

to declare a state of civil emergency in the other county,

municipality, or joint airport considers additional law

enforcement officers necessary to protect health, life, and

property in the county, municipality, or joint airport because of

disaster, riot, threat of concealed explosives, or unlawful

assembly characterized by force and violence or the threat of

force and violence by three or more persons acting together or

without lawful authority.

(b) A county, municipality, or joint airport may, by resolution

or order of its governing body, enter into an agreement with a

neighboring municipality, joint airport, or contiguous county to

form a mutual aid law enforcement task force to cooperate in

criminal investigations and law enforcement. Peace officers

employed by counties, municipalities, or joint airports covered

by the agreement have only the additional investigative authority

throughout the region as set forth in the agreement. The

agreement must provide for the compensation of peace officers

involved in the activities of the task force.

(c) A law enforcement officer employed by a county,

municipality, or joint airport that is covered by the agreement

may make an arrest outside the county, municipality, or joint

airport in which the officer is employed but within the area

covered by the agreement. The law enforcement agencies of the

area where the arrest is made shall be notified of the arrest

without delay, and the notified agency shall make available the

notice of the arrest in the same manner as if the arrest were

made by a member of that agency.

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

Sec. 362.003. PROVISIONS RELATING TO LAW ENFORCEMENT OFFICERS.

(a) While a law enforcement officer regularly employed by one

county, municipality, or joint airport is in the service of

another county, municipality, or joint airport according to this

chapter, the officer is a peace officer of the latter county,

municipality, or joint airport and is under the command of the

law enforcement officer who is in charge in that county,

municipality, or joint airport. The officer has all the powers of

a regular law enforcement officer of that county, municipality,

or joint airport as fully as if the officer were in the county,

municipality, or joint airport where regularly employed.

Qualification for office in the territory of regular employment

constitutes qualification for office in the other county,

municipality, or joint airport and no additional oath, bond, or

compensation is needed.

(b) The law enforcement officer who is ordered by the official

designated by the governing body of the county, municipality, or

joint airport to perform police or peace duties outside the

limits of that county, municipality, or joint airport where

regularly employed is entitled to the same wage, salary, pension,

and other compensation and rights, including injury or death

benefits, as if the service were rendered in the county,

municipality, or joint airport of the officer's regular

employment. The officer is also entitled to payment for any

reasonable expenses incurred for travel, food, or lodging while

on duty outside the limits of the territory of the officer's

regular employment.

(c) The county, municipality, or joint airport regularly

employing the law enforcement officer shall pay all wages and

disability payments, pension payments, damages to equipment and

clothing, medical expenses, and travel, food, and lodging

expenses. The county, municipality, or joint airport whose

authorized official requested the services shall reimburse the

original county, municipality, or joint airport after the payment

is made and reimbursement is requested. Each county,

municipality, or joint airport may make these payments and

reimbursements regardless of any provision in its charter or

ordinances to the contrary.

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

Sec. 362.004. MULTICOUNTY DRUG TASK FORCE. (a) A multicounty

drug task force is composed of law enforcement agencies located

in two or more counties in this state. A multicounty drug task

force may be established and operated only after the Department

of Public Safety confirms:

(1) a strategic need for the task force; and

(2) the composition of the task force.

(b) A multicounty drug task force, and any county or

municipality participating in the task force, must comply with

the policies and procedures established for the operation of a

multicounty drug task force by the Department of Public Safety.

Added by Acts 2005, 79th Leg., Ch.

556, Sec. 2, eff. September 1, 2005.