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  H.B. No. 683
 
 
 
 
AN ACT
  relating to the prosecution of the offense of possession or use of
  law enforcement identification, insignia, or vehicles in a
  municipality and the clarification of the offenses of false
  identification as a peace officer and misrepresentation of
  property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 341.904, Local Government
  Code, is amended to read as follows:
         Sec. 341.904.  POSSESSION OR USE OF LAW ENFORCEMENT
  IDENTIFICATION, INSIGNIA, OR VEHICLE IN A [POPULOUS] MUNICIPALITY.
         SECTION 2.  Section 341.904(b), Local Government Code, is
  amended to read as follows:
         (b)  A [In a municipality with a population of 1.18 million
  or more located primarily in a county with a population of 2 million
  or more, a] person commits an offense if in a municipality the
  person intentionally or knowingly:
               (1)  uses, possesses, or wears:
                     (A)  a police identification item of the municipal
  police department;
                     (B)  an item bearing the insignia or design
  prescribed by the police chief of the municipality for officers and
  employees of the municipal police department to use while engaged
  in official activities; or
                     (C)  within the municipal police department's
  jurisdiction, an item that is deceptively similar to a police
  identification item of the department;
               (2)  uses, within the municipal police department's
  jurisdiction, the name of the department in connection with an
  object to create the appearance that the object belongs to or is
  used by the department; or
               (3)  uses, possesses, or operates, within the municipal
  police department's jurisdiction, a marked patrol vehicle that is
  deceptively similar to a department patrol vehicle.
         SECTION 3.  Section 37.12, Penal Code, is amended by
  amending Subsections (a), (b), and (d) and adding Subsections (b-1)
  and (c-1) to read as follows:
         (a)  A person commits an offense if:
               (1)  the person makes, provides to another person, or
  possesses a card, document, badge, insignia, shoulder emblem, or
  other item, including a vehicle, bearing an insignia of a law
  enforcement agency that identifies a person as a peace officer or a
  reserve law enforcement officer; and
               (2)  the person who makes, provides, or possesses the
  item bearing the insignia knows that the person so identified by the
  item is not commissioned as a peace officer or reserve law
  enforcement officer as indicated on the item.
         (b)  It is a defense to prosecution under this section that:
               (1)  the card, document, badge, insignia, shoulder
  emblem, or other item bearing an insignia of a law enforcement
  agency clearly identifies the person as an honorary or junior peace
  officer or reserve law enforcement officer, or as a member of a
  junior posse; or
               (2)  the person identified as a peace officer or
  reserve law enforcement officer by the item bearing the insignia
  was commissioned in that capacity when the item was made.
         (b-1)  It is an exception to the application of this section
  that [; or
               [(3)]  the item was used or intended for use
  exclusively for decorative purposes or in an artistic or dramatic
  presentation.
         (c-1)  For purposes of this section, an item bearing an
  insignia of a law enforcement agency includes an item that contains
  the word "police," "sheriff," "constable," or "trooper."
         (d)  A person commits an offense if the person intentionally
  or knowingly misrepresents an object, including a vehicle, as
  property belonging to a law enforcement agency.  For purposes of
  this subsection, intentionally or knowingly misrepresenting an
  object as property belonging to a law enforcement agency includes
  intentionally or knowingly displaying an item bearing an insignia
  of a law enforcement agency in a manner that would lead a reasonable
  person to interpret the item as property belonging to a law
  enforcement agency.
         SECTION 4.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 683 was passed by the House on May 2,
  2017, by the following vote:  Yeas 134, Nays 11, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 683 was passed by the Senate on May
  24, 2017, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor