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AN ACT
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relating to identification cards issued to peace officers, reserve |
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law enforcement officers, and honorably retired peace officers by a |
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law enforcement agency or other governmental entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 614, Government Code, is amended by |
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adding Subchapter H to read as follows: |
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SUBCHAPTER H. PEACE OFFICER IDENTIFICATION CARDS |
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Sec. 614.121. DEFINITIONS. In this subchapter: |
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(1) "Full-time peace officer" means a person elected, |
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employed, or appointed as a peace officer under Article 2.12, Code |
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of Criminal Procedure, or other law, who: |
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(A) works as a peace officer on average at least |
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32 hours per week, exclusive of paid vacation; and |
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(B) is compensated by this state or a political |
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subdivision of this state at least at the federal minimum wage and |
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is entitled to all employee benefits offered to a peace officer by |
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the state or political subdivision. |
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(2) "Honorably retired peace officer" means a former |
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peace officer who: |
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(A) previously served but is not currently |
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serving as an elected, appointed, or employed peace officer under |
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Article 2.12, Code of Criminal Procedure, or other law; |
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(B) did not retire in lieu of any disciplinary |
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action; |
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(C) was eligible to retire from a law enforcement |
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agency in this state or was ineligible to retire only as a result of |
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an injury received in the course of the officer's employment with |
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the agency; and |
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(D) is eligible to receive a pension or annuity |
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for service as a law enforcement officer in this state or is |
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ineligible to receive a pension or annuity only because the law |
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enforcement agency that employed the officer does not offer a |
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pension or annuity to its employees. |
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(3) "Part-time peace officer" means a person elected, |
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employed, or appointed as a peace officer under Article 2.12, Code |
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of Criminal Procedure, or other law, who: |
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(A) works as a peace officer on average less than |
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32 hours per week, exclusive of paid vacation; and |
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(B) is compensated by this state or a political |
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subdivision of this state at least at the federal minimum wage and |
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is entitled to all employee benefits offered to a peace officer by |
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the state or political subdivision. |
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(4) "Reserve law enforcement officer" has the meaning |
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assigned by Section 1701.001, Occupations Code. |
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Sec. 614.122. PEACE OFFICERS. (a) The law enforcement |
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agency or other governmental entity that appoints or employs a |
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peace officer shall issue an identification card to its full-time |
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or part-time peace officers. |
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(b) The identification card must include: |
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(1) the full name of the peace officer; |
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(2) a photograph of the peace officer consistent with |
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the peace officer's appearance; |
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(3) the name of the law enforcement agency or other |
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governmental entity that appointed or employs the peace officer or |
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that the peace officer was elected to serve; |
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(4) if applicable, the signature of the person |
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appointing or employing the person as a peace officer on behalf of |
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the law enforcement agency or other governmental entity; |
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(5) a brief description of the peace officer, |
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including the peace officer's height, weight, and eye color; |
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(6) the thumbprint of the peace officer or a bar code |
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with a unique identification label for the peace officer; |
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(7) the date the law enforcement agency or other |
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governmental entity appointed or employed the peace officer; |
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(8) the date the law enforcement agency or other |
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governmental entity issued the card to the peace officer; and |
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(9) a phone number operational 24 hours a day, seven |
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days a week that a person may call to verify the validity of the |
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identification card. |
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(c) On the identification card, the law enforcement agency |
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or other governmental entity that issues the card shall print: |
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(1) "State of Texas" and the state seal; and |
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(2) "This identification card certifies that (insert |
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name of peace officer) is commissioned by (insert name of law |
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enforcement agency or other governmental entity that appoints or |
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employs the peace officer) as a (insert "full-time peace officer" |
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or "part-time peace officer")." |
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(d) The head of a law enforcement agency or other |
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governmental entity that appoints or employs a peace officer shall |
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recover the identification card at the time of the peace officer's |
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resignation or termination. |
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Sec. 614.123. RESERVE LAW ENFORCEMENT OFFICER. (a) The law |
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enforcement agency or other governmental entity that appoints or |
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employs a reserve law enforcement officer shall issue an |
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identification card to its reserve law enforcement officers. |
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(b) The identification card must include: |
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(1) the full name of the reserve law enforcement |
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officer; |
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(2) a photograph of the reserve law enforcement |
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officer consistent with the reserve law enforcement officer's |
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appearance; |
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(3) the name of the law enforcement agency or other |
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governmental entity that appointed or employs the reserve law |
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enforcement officer; |
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(4) if applicable, the signature of the person |
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appointing or employing the person as a reserve law enforcement |
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officer on behalf of the law enforcement agency or other |
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governmental entity; |
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(5) a brief description of the reserve law enforcement |
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officer, including the reserve law enforcement officer's height, |
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weight, and eye color; |
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(6) the thumbprint of the reserve law enforcement |
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officer or a bar code with a unique identification label for the |
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reserve law enforcement officer; |
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(7) the date the law enforcement agency or other |
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governmental entity appointed or employed the reserve law |
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enforcement officer; |
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(8) the date the law enforcement agency or other |
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governmental entity issued the card to the reserve law enforcement |
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officer; and |
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(9) a phone number operational 24 hours a day, seven |
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days a week that a person may call to verify the validity of the |
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identification card. |
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(c) On the identification card, the law enforcement agency |
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or other governmental entity that issues the card shall print: |
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(1) "State of Texas" and the state seal; and |
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(2) "This identification card certifies that (insert |
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name of reserve law enforcement officer) is commissioned by (insert |
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name of law enforcement agency or other governmental entity that |
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appoints or employs the reserve law enforcement officer) as a |
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reserve law enforcement officer." |
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(d) The head of a law enforcement agency or other |
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governmental entity that appoints or employs a reserve law |
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enforcement officer shall recover the identification card at the |
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time of the reserve law enforcement officer's resignation or |
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termination. |
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Sec. 614.124. HONORABLY RETIRED PEACE OFFICER. (a) The law |
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enforcement agency or other governmental entity that was the last |
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entity to appoint or employ an honorably retired peace officer as a |
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peace officer may issue an identification card to its honorably |
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retired peace officers. |
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(b) The identification card must include: |
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(1) the full name of the honorably retired peace |
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officer; |
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(2) a photograph of the honorably retired peace |
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officer consistent with the honorably retired peace officer's |
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appearance; |
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(3) the name of the law enforcement agency or other |
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governmental entity that issued the card to the honorably retired |
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peace officer; |
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(4) if applicable, the signature of the person |
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authorizing the issuance of the card on behalf of the law |
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enforcement agency or other governmental entity to the honorably |
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retired peace officer; |
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(5) a brief description of the honorably retired peace |
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officer, including the honorably retired peace officer's height, |
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weight, and eye color; |
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(6) the thumbprint of the honorably retired peace |
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officer or a bar code with a unique identification label for the |
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honorably retired peace officer; |
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(7) the date the honorably retired peace officer last |
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served as a peace officer for the law enforcement agency or other |
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governmental entity; |
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(8) the date the law enforcement agency or other |
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governmental entity issued the card to the honorably retired peace |
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officer; and |
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(9) a phone number operational 24 hours a day, seven |
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days a week that a person may call to verify the validity of the |
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identification card. |
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(c) On the identification card, the law enforcement agency |
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or other governmental entity that issues the card shall print: |
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(1) "State of Texas" and the state seal; and |
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(2) "This identification card certifies that (insert |
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name of honorably retired peace officer) is an honorably retired |
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peace officer of (insert name of law enforcement agency or other |
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governmental entity that last appointed or employed the honorably |
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retired peace officer)." |
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(d) The head of a law enforcement agency or other |
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governmental entity that issued the identification card shall |
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recover the identification card on the date the identification card |
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expires. |
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Sec. 614.125. EXPIRATION DATE. An identification card |
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issued under this subchapter expires on a date specified by the law |
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enforcement agency or other governmental entity issuing the card. |
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Sec. 614.126. TAMPER-PROOF CARDS. An identification card |
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issued under this subchapter must be, to the extent practicable, |
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tamper-proof. |
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Sec. 614.127. LOST OR STOLEN CARDS. If an identification |
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card issued under this subchapter is lost or stolen, the law |
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enforcement agency or other governmental entity issuing the card |
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may: |
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(1) require a peace officer, reserve law enforcement |
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officer, or honorably retired peace officer to submit an affidavit |
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executed by the peace officer, reserve law enforcement officer, or |
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honorably retired peace officer to the law enforcement agency or |
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other governmental entity issuing the card stating that the |
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identification card was lost or stolen; and |
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(2) issue a duplicate identification card to the peace |
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officer, reserve law enforcement officer, or honorably retired |
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peace officer. |
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SECTION 2. (a) Except as provided by Subsection (b) of this |
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section, each law enforcement agency or other governmental entity |
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required to issue identification cards under Subchapter H, Chapter |
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614, Government Code, as added by this Act, shall issue the cards |
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not later than January 1, 2008. |
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(b) Each law enforcement agency that appoints or employs in |
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the aggregate at least 1,000 full-time or part-time peace officers |
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and reserve law enforcement officers shall issue the cards not |
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later than January 1, 2010. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3613 was passed by the House on May 8, |
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2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 3613 on May 25, 2007, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 3613 on May 27, 2007, by the following vote: Yeas 147, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3613 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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3613 on May 26, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |