H.B. No. 1955
 
 
 
 
AN ACT
  relating to the licensing of certain peace officers by the
  Commission on Law Enforcement Officer Standards and Education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1701.159, Occupations Code, is amended
  to read as follows:
         Sec. 1701.159.  [LIST OF] ACTIVE AND INACTIVE PEACE
  OFFICERS.  (a) The commission [by rule] shall establish a list of
  active licensed peace officers and a list of inactive licensed
  peace officers who leave the employment of a law enforcement
  agency.
         (b)  A retired peace officer as defined by Section 1701.3161
  continues to hold as an inactive license the license the retired
  officer held at the time the retired officer last served as an
  elected, appointed, or employed peace officer unless the license
  was revoked for cause under Section 1701.501.
         (c)  A retired peace officer who holds an inactive license
  may not serve as a peace officer unless the person reactivates the
  license as provided by Section 1701.316 or 1701.3161.
         SECTION 2.  Section 1701.307, Occupations Code, is amended
  by amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  The commission may issue a permanent license to a person
  who meets the requirements of this chapter and the rules prescribed
  by the commission to serve as an officer [and may issue a temporary
  or permanent license to a person to serve as a county jailer].
         (c)  The commission may issue a temporary or permanent
  license to a person to serve as a county jailer.
         SECTION 3.  Subchapter G, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.3161 to read as follows:
         Sec. 1701.3161.  REACTIVATION OF PEACE OFFICER LICENSE:
  RETIRED PEACE OFFICERS. (a) In this section, "retired peace
  officer" means a person who served as a peace officer in this state
  who:
               (1)  is not currently serving as an elected, appointed,
  or employed peace officer under Article 2.12, Code of Criminal
  Procedure, or other law;
               (2)  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 law enforcement agency; and
               (3)  is eligible to receive a pension or annuity for
  service as a law enforcement officer in this state or is ineligible
  to receive a pension or annuity only because the law enforcement
  agency that employed the officer does not offer a pension or annuity
  to its employees.
         (b)  The commission shall adopt rules for the reactivation of
  a retired peace officer's license after a break in employment. The
  rules must allow a retired peace officer to reactivate the
  officer's license by completing the continuing education
  requirements prescribed by Section 1701.351 and completing any
  other continuing education requirement imposed by law in lieu of
  successfully completing any examination required by the commission
  for reactivation.
         (c)  The commission may waive the reinstatement fee
  established for the reactivation of a peace officer's license for a
  retired peace officer who is eligible for reactivation as provided
  by Subsection (b).
         SECTION 4.  As soon as practicable after the effective date
  of this Act, the Commission on Law Enforcement Officer Standards
  and Education shall adopt the rules required by Section 1701.3161,
  Occupations Code, as added by this Act.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1955 was passed by the House on April
  27, 2007, by the following vote:  Yeas 133, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1955 on May 23, 2007, by the following vote:  Yeas 144, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1955 was passed by the Senate, with
  amendments, on May 21, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor