H.B. 14 78(R)    BILL ANALYSIS


H.B. 14
Keel
Law Enforcement
Committee Report(Substituted)



BACKGROUND AND PURPOSE 

When law enforcement or public safety personnel retire, it is common
practice for them to be honored by the presentation of certain items as
mementos of their service to protect and serve their communities.  This
may also be done posthumously to honor deceased law enforcement or public
safety personnel.  A common example is the presentation of their badge in
a decorative display case, but other examples might also include insignia,
weapons, or uniforms for display.  Under current law, the purchase of
these items by the individual is illegal.  C.S.H.B. 14 establishes a legal
means for the purchase of such items by certain qualified persons.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.   C.S.H.B. 14 amends Subchapter D, Chapter 614, of the
Government Code by adding Section 614.055, which authorizes certain
individuals to purchase a badge, insignia, weapon, or uniform from a state
or local governmental agency.  To qualify for a purchase under this
section, an individual must have been commissioned or employed by the
state or local governmental agency as a peace officer, fire fighter,
licensed paramedic, certified emergency medical technician, fire or
emergency medical services dispatcher, licensed county jailer, or
corrections officer.  This individual must also have been honorably
retired from his or her commission or employment by the agency, or be
scheduled to retire from the agency not later than 90 days after the date
of purchase.  The badge, insignia, weapon, or uniform must have been
previously issued to the individual by the agency.  If an individual
described under this section dies or is permanently disabled in the line
of duty under honorable circumstances as determined by the agency, this
bill allows his or her nearest surviving relative to purchase a badge,
insignia, weapon, or uniform.  However, it prohibits a purchase of a
weapon prohibited under Section 46.05 of the Penal Code.  The bill
authorizes another person, such as an association of law enforcement
officers or public safety personnel, to purchase a badge, insignia,
weapon, or uniform to present to an individual or nearest surviving
relative who meets its qualifications.  The bill requires the purchaser of
a badge, insignia, weapon, or uniform under this section to pay fair
market value for the item and to affix it on a plaque or place it in a
presentation case.  This section does not apply to the extent that an item
may be purchased by or on behalf of an individual under other law. 

SECTION 2.   C.S.H.B. 14 amends the heading of Subchapter D, Chapter 614
of the Government Code by replacing "firearm" with "items" and "peace
officer" with "law enforcement officer or public safety personnel."  The
heading of Subchapter D, Chapter 614 now reads: Purchase of Agency-Issued
Items of Honorably Retired or Deceased Law Enforcement Officer or Public
Safety Personnel.   
    
SECTION 3.  C.S.H.B. 14 amends Section 614.053 of the Government Code by
adding local governmental agencies as organizations required to set the
amount for which a firearm may be purchased, and also includes other items
established in this subchapter as purchasable items for which the purchase
price must be set by the agencies.   C.S.H.B. 14 amends Section 614.053 of
the Government Code by adding Subsection (b), requiring the purchasing
agent of a local government, if one exists, to oversee the sale of a
firearm or other item sold by an agency of the local government  under
this subchapter.    

EFFECTIVE DATE

This Act takes effect September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 14 modifies the original by adding licensed county jailers and
corrections officers to the list of individuals qualified to purchase a
badge, insignia, weapon, or uniform under Subsection (a) (1) of Section
614.055.  The substitute changes the words 'peace officers or
firefighters' to 'law enforcement officers or public safety personnel' in
the heading of Section 614.055, in Subsection (d) of Section 614.055, and
in the heading of Subchapter D, Chapter 614 of the Government Code. The
substitute adds Subsection (b) to Section 614.053 of the Government Code,
which requires the purchasing agent of a local government, if the local
government has a purchasing agent, to oversee the sale of a firearm or
other item sold by an agency of the local government under Subchapter D.