Section 44.091

Title V MILITARY AFFAIRS AND POLICE

Chapter 44

Effective - 28 Aug 2018   

  44.091.  Mutual aid agreements, powers of arrest — law enforcement deemed employee of sending agency — immunity. — 1.  For purposes of this section, the following terms mean:

  (1)  "Law enforcement officer", any public servant having both the power and duty to make arrests for violations of any ordinance or law of this state, and any federal law enforcement officer authorized to carry firearms and to make arrests for violations of the laws of the United States;

  (2)  "Requesting entity", any law enforcement agency or entity within this state empowered by law to maintain a law enforcement agency;

  (3)  "Sending agency", a law enforcement agency that has been requested to provide assistance by a requesting entity.

  2.  Whenever any law enforcement agency enters into a mutual-aid arrangement or agreement with another entity as provided in section 44.090, any law enforcement officer assisting the requesting entity shall have the same powers of arrest as he or she has in his or her own jurisdiction and the same powers of arrest as officers of the requesting entity.  Such powers shall be limited to the location where such services are requested to be provided, for the duration of the specific event, and while acting under the direction of the requesting entity's chief law enforcement officer or his or her designee.

  3.  Any law enforcement officer assisting a requesting entity under a mutual-aid arrangement or agreement under section 44.090 shall be deemed an employee of the sending agency and shall be subject to the workers' compensation, overtime, and expense reimbursement provisions provided to him or her as an employee of the sending agency.

  4.  Any law enforcement officer assisting a requesting entity under a mutual-aid arrangement or agreement under section 44.090 shall enjoy the same legal immunities as an officer of the requesting entity, including sovereign immunity, official immunity, and the public duty doctrine.

  5.  Nothing in this section shall be construed to limit the powers of arrest provided to a law enforcement officer by any other law.

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(L. 2018 H.B. 1355)