Tex. Codes » Occupations Code · TITLE 10. OCCUPATIONS RELATED TO LAW ENFORCEMENT AND SECURITY · CHAPTER 1701. LAW ENFORCEMENT OFFICERS
Texas Codes

Tex. Occ. Code § 1701.001 (2026)

Definitions

✓ current as of May 2026
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Sec. 1701.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Commission on Law Enforcement.

(2) "County jailer" means a person employed as a county jail guard under Section 85.005, Local Government Code.

(2-a) "Misconduct" means:

(A) a violation of law; or

(B) any of the following that have been sustained by a law enforcement agency employing a license holder:

(i) a violation of a law enforcement agency policy for which the agency may suspend, demote, or terminate a license holder's employment; or

(ii) an allegation of untruthfulness against a license holder.

(3) "Officer" means a peace officer or reserve law enforcement officer.

(4) "Peace officer" means a person elected, employed, or appointed as a peace officer under Article 2A.001, Code of Criminal Procedure, or other law.

(5) "Public security officer" means a person employed or appointed as an armed security officer by this state or a political subdivision of this state. The term does not include a security officer employed by a private security company that contracts with this state or a political subdivision of this state to provide security services for the entity.

(6) "Reserve law enforcement officer" means a person designated as a reserve law enforcement officer under Section 37.0816, Education Code, Section 85.004, 86.012, or 341.012, Local Government Code, or Section 60.0775, Water Code.

(7) "Telecommunicator" means a person acknowledged by the commission and employed by or serving a law enforcement agency that performs law enforcement services on a 24-hour basis who receives, processes, and transmits public safety information and criminal justice data for the agency by using a base radio station on a public safety frequency regulated by the Federal Communications Commission or by another method of communication.

(8) "School marshal" means a person who:

(A) is appointed to serve as a school marshal by:

(i) the board of trustees of a school district or the governing body of an open-enrollment charter school under Section 37.0811, Education Code;

(ii) the governing body of a private school under Section 37.0813, Education Code; or

(iii) the governing board of a public junior college under Section 51.220, Education Code;

(B) is licensed under Section 1701.260; and

(C) has powers and duties described by Article 2A.008, Code of Criminal Procedure.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 173 (H.B. 340), Sec. 2, eff. May 27, 2005.

Acts 2011, 82nd Leg., R.S., Ch. 855 (H.B. 3823), Sec. 1, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 1.01, eff. May 18, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 655 (H.B. 1009), Sec. 6, eff. June 14, 2013.

Acts 2015, 84th Leg., R.S., Ch. 1144 (S.B. 386), Sec. 4, eff. September 1, 2015.

Acts 2017, 85th Leg., R.S., Ch. 988 (H.B. 867), Sec. 6, eff. June 15, 2017.

Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.146, eff. January 1, 2025.

Acts 2023, 88th Leg., R.S., Ch. 1104 (S.B. 1445), Sec. 1, eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 558 (H.B. 1458), Sec. 4, eff. September 1, 2025.

Notes of Decisions
Cited in 12 cases, 2000–2019 · leading case: Rey Garza v. Roxana Regalado Harrison & Joseph Santellana, Individually & as Respresentative of the Est. of Jonathen Anthony Santellana, 574 S.W.3d 389 (Tex. 2019).
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Rey Garza v. Roxana Regalado Harrison & Joseph Santellana, Individually & as Respresentative of the Est. of Jonathen Anthony Santellana, 574 S.W.3d 389 (Tex. 2019). “301 (with exceptions "a person may not appoint or employ a person to serve as an officer .”
William Marsh Rice Univ. & Gary Spears v. Rasheed Refaey, 459 S.W.3d 590 (Tex. 2015). “” Tex. OcC. Code § 1701.001(3), (4). Article 2.”
Methodist Hospitals of Dallas v. Miller, 405 S.W.3d 101 (Tex. App. 2012). “” Tex. Occ.Code Ann. § 1701.001(4) (West 2012); see also Cleveland v.”
William Marsh Rice Univ. & Gary Spears v. Rasheed Rafaey, 417 S.W.3d 667 (Tex. App. 2013). “See Tex. Occ.Code § 1701.001(4) (West 2013); Tex.”
Chambers v. State, 523 S.W.3d 681 (Tex. App. 2017). “”); see also Tex. Occ. Code Ann. § 1701.001 (3), (4), (6) (West, Westlaw through 2015 R.”
City of Waco v. St. Paul Fire & Marine Ins. Co., 16 S.W.3d 101 (Tex. App. 2000). “Tex. Occ.Code Ann. §§ 1701.001(2), .251(a) (Vernon 2000).”
Univ. of Incarnate Word & Christopher Carter v. Valerie Redus, Individually, & Robert M. Redus, Individually & as Adm'r of the Est. of Robert Cameron Redus (Tex. App. 2015). · cites it 2× “10 TEX. OCC. CODE § 1701.001 ...............”
Chambers, John (Tex. Crim. App. 2019). “1(a)(44) (2014) (“Peace officer— A person elected, em ployed, or appointed as a peace officer under the provisions of the Texas Occupations Code, § 1701.001.”). Chambers - 20 meanings.”
Pablo Reyna, Jr. v. State (Tex. App. 2014). “2014); Tex. Occ. Code Ann. § 1701.001 (West 2012 & Supp.”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2014). “1871, TEX. Occ. CODE§§ 1701.001((8), .260, .301).”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2011). “" TEX. OCC. CODE ANN. § 1701.001(6) (West SUpp.”
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2009). “TEx. Occ. CODE ANN. § 1701.001 (6) (Vernon Supp.”
— Tex. Occ. Code § 1701.001(2) — 1 case
City of Waco v. St. Paul Fire & Marine Ins. Co., 16 S.W.3d 101 (Tex. App. 2000). “Tex. Occ.Code Ann. §§ 1701.001(2), .251(a) (Vernon 2000).”
— Tex. Occ. Code § 1701.001(3) — 1 case
William Marsh Rice Univ. & Gary Spears v. Rasheed Refaey, 459 S.W.3d 590 (Tex. 2015). “” Tex. OcC. Code § 1701.001(3), (4). Article 2.”
— Tex. Occ. Code § 1701.001(4) — 2 cases
Methodist Hospitals of Dallas v. Miller, 405 S.W.3d 101 (Tex. App. 2012). “” Tex. Occ.Code Ann. § 1701.001(4) (West 2012); see also Cleveland v.”
William Marsh Rice Univ. & Gary Spears v. Rasheed Rafaey, 417 S.W.3d 667 (Tex. App. 2013). “See Tex. Occ.Code § 1701.001(4) (West 2013); Tex.”
— Tex. Occ. Code § 1701.001(6) — 1 case
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2011). “" TEX. OCC. CODE ANN. § 1701.001(6) (West SUpp.”
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