H.B. No. 638
 
 
 
 
AN ACT
  relating to the issuance of identification cards to certain retired
  peace officers and to the eligibility of certain retired peace
  officers to obtain a weapons proficiency certificate.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 1701.357, Occupations
  Code, is amended to read as follows:
         Sec. 1701.357.  WEAPONS PROFICIENCY FOR CERTAIN RETIRED
  PEACE OFFICERS AND FEDERAL LAW ENFORCEMENT OFFICERS [CRIMINAL
  INVESTIGATORS].
         SECTION 2.  Sections 1701.357(a), (c), and (h), Occupations
  Code, are amended to read as follows:
         (a)  This section applies only to:
               (1)  a peace officer; [and]
               (2)  a federal criminal investigator designated as a
  special investigator under Article 2.122, Code of Criminal
  Procedure; and
               (3)  a qualified retired law enforcement officer who is
  entitled to carry a concealed firearm under 18 U.S.C. Section 926C
  and is not otherwise described by Subdivision (1) or (2).
         (c)  The agency shall establish written procedures for the
  issuance or denial of a certificate of proficiency under this
  section. The agency shall issue the certificate to a retired
  officer who satisfactorily demonstrates weapons proficiency under
  Subsection (b), provides proof that the officer is entitled to
  receive a pension or annuity for [receiving retirement benefits on
  the basis of] service with a state or local law enforcement agency
  or is not entitled to receive a pension or annuity only because the
  law enforcement agency that employed the retired officer does not
  offer a pension or annuity to its retired employees, and satisfies
  the written procedures established by the agency. The agency shall
  maintain records of any retired officer who holds a certificate
  issued under this section.  For purposes of this subsection, proof
  that a retired officer is entitled to receive a pension or annuity
  or is not entitled to receive a pension or annuity only because the
  agency that last employed the retired officer does not offer a
  pension or annuity may include a retired peace officer
  identification card issued under Subchapter H, Chapter 614,
  Government Code.
         (h)  The head of a state law enforcement agency may allow an
  honorably retired federal criminal investigator or a qualified
  retired law enforcement officer to whom this section applies an
  opportunity to demonstrate weapons proficiency in the same manner
  as, and subject to the same requirements applicable to, an
  honorably retired peace officer as described by this section. The
  agency shall issue a certificate of proficiency to an honorably
  retired federal criminal investigator or a qualified retired law
  enforcement officer who otherwise meets the requirements of this
  section and shall maintain records regarding the issuance of that
  certificate.
         SECTION 3.  Chapter 614, Government Code, is amended by
  adding Subchapter H to read as follows:
  SUBCHAPTER H.  IDENTIFICATION CARDS FOR CERTAIN RETIRED PEACE
  OFFICERS
         Sec. 614.121.  DEFINITION. In this subchapter, "honorably
  retired peace officer" means a former peace officer who:
               (1)  previously served but is not currently serving as
  an elected, appointed, or employed peace officer under Article
  2.12, Code of Criminal Procedure, or other law;
               (2)  did not retire in lieu of any disciplinary action;
               (3)  was eligible to retire from a law enforcement
  agency in this state or was ineligible to retire only as a result of
  an injury received in the course of the officer's employment with
  the agency; and
               (4)  is entitled to receive a pension or annuity for
  service with a state or local law enforcement agency or is not
  entitled to receive a pension or annuity only because the law
  enforcement agency that employed the retired officer does not offer
  a pension or annuity to its retired employees.
         Sec. 614.122.  ISSUANCE OF IDENTIFICATION CARD. The law
  enforcement agency or other governmental entity that was the last
  entity to appoint or employ an honorably retired peace officer as a
  peace officer shall issue an identification card to its honorably
  retired peace officers.
         Sec. 614.123.  APPEARANCE AND CONTENT OF IDENTIFICATION
  CARD.  (a)  The identification card must include:
               (1)  the full name of the honorably retired peace
  officer;
               (2)  a photograph of the honorably retired peace
  officer consistent with the honorably retired peace officer's
  appearance;
               (3)  the name of the law enforcement agency or other
  governmental entity that issued the card to the honorably retired
  peace officer;
               (4)  if applicable, the signature of the person
  authorizing the issuance of the card on behalf of the law
  enforcement agency or other governmental entity to the honorably
  retired peace officer;
               (5)  a brief description of the honorably retired peace
  officer, including the honorably retired peace officer's height,
  weight, and eye color;
               (6)  the thumbprint of the honorably retired peace
  officer;
               (7)  the date the honorably retired peace officer last
  served as a peace officer for the law enforcement agency or other
  governmental entity; and
               (8)  the date the law enforcement agency or other
  governmental entity issued the card to the honorably retired peace
  officer.
         (b)  On the identification card, the law enforcement agency
  or other governmental entity that issues the card shall print:
               (1)  "State of Texas" and the state seal; and
               (2)  "This identification card certifies that (insert
  name of honorably retired peace officer) is an honorably retired
  peace officer of (insert name of law enforcement agency or other
  governmental entity that last appointed or employed the honorably
  retired peace officer)."
         Sec. 614.124.  EXPIRATION DATE. An identification card
  issued under this subchapter expires on a date specified by the law
  enforcement agency or other governmental entity issuing the card.
         Sec. 614.125.  LOST OR STOLEN CARDS.  If an identification
  card issued under this subchapter is lost or stolen, the law
  enforcement agency or other governmental entity issuing the card
  may:
               (1)  require an honorably retired peace officer to
  submit an affidavit executed by the officer to the law enforcement
  agency or other governmental entity stating that the identification
  card was lost or stolen; and
               (2)  issue a duplicate identification card to the
  officer.
         SECTION 4.  (a)  Each law enforcement agency or other
  governmental entity required to issue identification cards under
  Subchapter H, Chapter 614, Government Code, as added by this Act,
  shall issue the cards not later than January 1, 2008.
         (b)  The change in law made by this Act to Section
  1701.357(c), Occupations Code, applies only to an application for a
  weapons proficiency certificate under that section filed on or
  after September 1, 2007. An application for a weapons proficiency
  certificate under Section 1701.357, Occupations Code, filed before
  September 1, 2007, is covered by the law in effect on the date the
  application was filed, and the former law is continued in effect for
  that purpose.
         SECTION 5.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 638 was passed by the House on April
  5, 2007, by the following vote:  Yeas 138, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 638 on May 24, 2007, by the following vote:  Yeas 146, Nays 0, 1
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 638 was passed by the Senate, with
  amendments, on May 22, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor