SRC-TAG, MLC S.B. 192 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 192
78R1594 YDB-DBy: Barrientos
Intergovernmental Relations
4/25/2003
As Filed


DIGEST AND PURPOSE 

When public safety personnel, such as a police officers and fire fighters,
retire or die in the line of duty,  it is common practice for their
agencies to present  a memento, which can be a decorative case, a uniform,
a weapon, or some other insignia for display, as a recognition of their
services.   The presentation of such a memento is legal; however, the
purchase of such items are illegal.  As proposed, S.B. 192 establishes
legal basis for the purchase of mementoes.  This bill authorizes a
retiring individual or, if the individual is deceased, his or her nearest
surviving relative, and other designated persons, such as a recognized law
enforcement association, to purchase a badge, insignia, weapon or uniform
on behalf of the individual. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 614, Government Code, by adding
Section 614.055, as follows:  

Sec. 614.055.  PURCHASE OF BADGE, INSIGNIA, WEAPON, OR UNIFORM OF CERTAIN
HONORABLY RETIRED OR DECEASED PEACE OFFICERS OR FIRE FIGHTERS.  (a)
Authorizes an individual to purchase a badge, insignia, weapon, or uniform
from a state or local governmental agency (agency) as provided by this
section if: 

(1) the individual was commissioned or employed by the agency as a peace
officer, fire fighter, licensed paramedic, certified emergency medical
technician, or fire or emergency medical services dispatcher; 

(2) the individual was honorably retired from the agency or is scheduled
to retire honorably within a certain time frame; and 

(3) the badge, insignia, weapon, or uniform had been previously issued to
the individual by the agency. 

(b)  Authorizes the nearest surviving relative of an individual described
by Subsection (a) (1) who died or was permanently disabled in the line of
duty under certain circumstances to purchase items described by Subsection
(a) (3).   

(c)  Prohibits such an individual or person from purchasing a weapon
prohibited under Section 46.05 (Prohibited Weapons), Penal Code. 

(d)  Authorizes another person  under certain circumstances to purchase an
item described by Subsection (a) (3) for the purpose of presenting the
item to an individual who meets the qualifications of either Subsection
(a) or Subsection (b).   

(e)  Requires an individual or person who purchases an item under this
section to 
purchase the item at fair market value and permanently affix the item to a
plaque  or place it within a presentation case.  

(f)  Provides that this section does not apply to the extent that an item
that may be purchased by or on behalf of an individual under another law. 

SECTION 2.  Amends the heading to  Subchapter D, Chapter 614, Government
Code, to read as follows:  

SUBCHAPTER D.  PURCHASE OF AGENCY-ISSUED ITEMS OF 
HONORABLY RETIRED OR DECEASED PEACE OFFICER OR FIRE FIGHTER 


SECTION 3.  Amends Section 614.053, Government Code, to include a local
government agency among the type of agencies that are required to
establish the amount of certain items rather than just a firearm.   

SECTION 4.  Effective date: September 1, 2003.