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By: Latham Senate Sponsor-Deuell H.B. No. 3613
       (In the Senate - Received from the House May 9, 2007;
May 10, 2007, read first time and referred to Committee on Criminal
Justice; May 21, 2007, reported adversely, with favorable
Committee Substitute by the following vote:  Yeas 6, Nays 0;
May 21, 2007, sent to printer.)
 
COMMITTEE SUBSTITUTE FOR H.B. No. 3613 By:  Whitmire
 
A BILL TO BE ENTITLED
AN ACT
relating to identification cards issued to peace officers, reserve
law enforcement officers, honorably retired peace officers, and
port pilots by certain governmental entities.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 614, Government Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H.  PEACE OFFICER IDENTIFICATION CARDS
       Sec. 614.121.  DEFINITIONS. In this subchapter:
             (1)  "Full-time peace officer" means a person elected,
employed, or appointed as a peace officer under Article 2.12, Code
of Criminal Procedure, or other law, who:
                   (A)  works as a peace officer on average at least
32 hours per week, exclusive of paid vacation; and
                   (B)  is compensated by this state or a political
subdivision of this state at least at the federal minimum wage and
is entitled to all employee benefits offered to a peace officer by
the state or political subdivision.
             (2)  "Honorably retired peace officer" means a former
peace officer who:
                   (A)  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;
                   (B)  did not retire in lieu of any disciplinary
action;
                   (C)  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
                   (D)  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.
             (3)  "Part-time peace officer" means a person elected,
employed, or appointed as a peace officer under Article 2.12, Code
of Criminal Procedure, or other law, who:
                   (A)  works as a peace officer on average less than
32 hours per week, exclusive of paid vacation; and
                   (B)  is compensated by this state or a political
subdivision of this state at least at the federal minimum wage and
is entitled to all employee benefits offered to a peace officer by
the state or political subdivision.
             (4)  "Reserve law enforcement officer" has the meaning
assigned by Section 1701.001, Occupations Code.
       Sec. 614.122.  PEACE OFFICERS.  (a)  The law enforcement
agency or other governmental entity that appoints or employs a
peace officer shall issue an identification card to its full-time
or part-time peace officers.
       (b)  The identification card must include:
             (1)  the full name of the peace officer;
             (2)  a photograph of the peace officer consistent with
the peace officer's appearance;
             (3)  the name of the law enforcement agency or other
governmental entity that appointed or employs the peace officer or
that the peace officer was elected to serve;
             (4)  if applicable, the signature of the person
appointing or employing the person as a peace officer on behalf of
the law enforcement agency or other governmental entity;
             (5)  a brief description of the peace officer,
including the peace officer's height, weight, and eye color;
             (6)  the thumbprint of the peace officer or a bar code
with a unique identification label for the peace officer;
             (7)  the date the law enforcement agency or other
governmental entity appointed or employed the peace officer;
             (8)  the date the law enforcement agency or other
governmental entity issued the card to the peace officer; and
             (9)  a phone number operational 24 hours a day, seven
days a week that a person may call to verify the validity of the
identification card.
       (c)  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 peace officer) is commissioned by (insert name of law
enforcement agency or other governmental entity that appoints or
employs the peace officer) as a (insert "full-time peace officer"
or "part-time peace officer")."
       (d)  The head of a law enforcement agency or other
governmental entity that appoints or employs a peace officer shall
recover the identification card at the time of the peace officer's
resignation or termination.
       Sec. 614.123.  RESERVE LAW ENFORCEMENT OFFICER. (a)  The law
enforcement agency or other governmental entity that appoints or
employs a reserve law enforcement officer shall issue an
identification card to its reserve law enforcement officers.
       (b)  The identification card must include:
             (1)  the full name of the reserve law enforcement
officer;
             (2)  a photograph of the reserve law enforcement
officer consistent with the reserve law enforcement officer's
appearance;
             (3)  the name of the law enforcement agency or other
governmental entity that appointed or employs the reserve law
enforcement officer;
             (4)  if applicable, the signature of the person
appointing or employing the person as a reserve law enforcement
officer on behalf of the law enforcement agency or other
governmental entity;
             (5)  a brief description of the reserve law enforcement
officer, including the reserve law enforcement officer's height,
weight, and eye color;
             (6)  the thumbprint of the reserve law enforcement
officer or a bar code with a unique identification label for the
reserve law enforcement officer;
             (7)  the date the law enforcement agency or other
governmental entity appointed or employed the reserve law
enforcement officer;
             (8)  the date the law enforcement agency or other
governmental entity issued the card to the reserve law enforcement
officer; and
             (9)  a phone number operational 24 hours a day, seven
days a week that a person may call to verify the validity of the
identification card.
       (c)  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 reserve law enforcement officer) is commissioned by (insert
name of law enforcement agency or other governmental entity that
appoints or employs the reserve law enforcement officer) as a
reserve law enforcement officer."
       (d)  The head of a law enforcement agency or other
governmental entity that appoints or employs a reserve law
enforcement officer shall recover the identification card at the
time of the reserve law enforcement officer's resignation or
termination.
       Sec. 614.124.  HONORABLY RETIRED PEACE OFFICER. (a) 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 may issue an identification card to its honorably
retired peace officers.
       (b)  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 or a bar code with a unique identification label for 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;
             (8)  the date the law enforcement agency or other
governmental entity issued the card to the honorably retired peace
officer; and
             (9)  a phone number operational 24 hours a day, seven
days a week that a person may call to verify the validity of the
identification card.
       (c)  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)."
       (d)  The head of a law enforcement agency or other
governmental entity that issued the identification card shall
recover the identification card on the date the identification card
expires.
       Sec. 614.125.  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. 614.126.  TAMPER-PROOF CARDS. An identification card
issued under this subchapter must be, to the extent practicable,
tamper-proof.
       Sec. 614.127.  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 a peace officer, reserve law enforcement
officer, or honorably retired peace officer to submit an affidavit
executed by the peace officer, reserve law enforcement officer, or
honorably retired peace officer to the law enforcement agency or
other governmental entity issuing the card stating that the
identification card was lost or stolen; and
             (2)  issue a duplicate identification card to the peace
officer, reserve law enforcement officer, or honorably retired
peace officer.
       SECTION 2.  Chapter 62, Transportation Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E.  IDENTIFICATION CARDS
       Sec. 62.101.  PILOT IDENTIFICATION CARD.  (a)  The pilot
board of a navigation district may issue an identification card to
its branch and deputy pilots.
       (b)  The identification card must include:
             (1)  the full name of the pilot;
             (2)  a photograph of the pilot consistent with the
pilot's appearance;
             (3)  the name of the pilot board of the navigation
district that appointed the pilot;
             (4)  if applicable, the signature of the person
appointing the person as a pilot on behalf of the pilot board of the
navigation district;
             (5)  a brief description of the pilot, including the
pilot's height, weight, and eye color;
             (6)  the thumbprint of the pilot or a bar code with a
unique identification label for the pilot;
             (7)  the date the pilot board of the navigation
district appointed the pilot;
             (8)  the date the pilot board of the navigation
district issued the card to the pilot; and
             (9)  a phone number operational 24 hours a day, seven
days a week that a person may call to verify the validity of the
identification card.
       (c)  On the identification card, the pilot board of the
navigation district that issues the card shall print:
             (1)  "State of Texas" and the state seal; and
             (2)  "This identification card certifies that (insert
name of pilot) is appointed by (insert name of pilot board of the
navigation district that appoints the pilot) as a (insert "branch
pilot" or "deputy pilot")."
       (d)  The head of a pilot board of the navigation district
that appoints a pilot shall recover the identification card at the
time of the pilot's suspension or dismissal.
       Sec. 62.102.  EXPIRATION DATE. An identification card
issued under this subchapter expires on a date specified by the
pilot board of the navigation district issuing the card.
       Sec. 62.103.  TAMPER-PROOF CARDS. An identification card
issued under this subchapter must be, to the extent practicable,
tamper-proof.
       Sec. 62.104.  LOST OR STOLEN CARDS.  If an identification
card issued under this subchapter is lost or stolen, the pilot board
of the navigation district issuing the card may:
             (1)  require a pilot to submit an affidavit executed by
the pilot to the pilot board of the navigation district issuing the
card stating that the identification card was lost or stolen; and
             (2)  issue a duplicate identification card to the
pilot.
       SECTION 3.  (a)  Except as provided by Subsection (b) of this
section, 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)  Each law enforcement agency that appoints or employs in
the aggregate at least 1,000 full-time or part-time peace officers
and reserve law enforcement officers shall issue the cards not
later than January 1, 2010.
       SECTION 4.  This Act takes effect September 1, 2007.
* * * * *