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78R1594 YDB-D

By:  Keel                                                         H.B. No. 14 



A BILL TO BE ENTITLED

AN ACT

relating to the purchase of a badge, insignia, weapon, or uniform of 
a peace officer or fire fighter.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 614, Government Code, is 
amended by adding Section 614.055 to read as follows:
	Sec. 614.055.  PURCHASE OF BADGE, INSIGNIA, WEAPON, OR 
UNIFORM OF CERTAIN HONORABLY RETIRED OR DECEASED PEACE OFFICERS OR 
FIRE FIGHTERS.  (a)  An individual may purchase a badge, insignia, 
weapon, or uniform from a state or local governmental agency as 
provided by this section if:
		(1)  the individual was commissioned or employed by the 
agency as a: 
			(A)  peace officer;                                                   
			(B)  fire fighter;                                                    
			(C)  licensed paramedic;                                              
			(D)  certified emergency medical technician; or                       
			(E)  fire or emergency medical services 
dispatcher;                 
		(2)  the individual:                                                   
			(A)  was honorably retired from the individual's 
commission or employment by the agency; or
			(B)  is scheduled to retire honorably not later 
than 90 days after the date of purchase from the individual's 
commission or employment by the agency; and
		(3)  the badge, insignia, weapon, or uniform had been 
previously issued to the individual by the agency.
	(b)  The nearest surviving relative of an individual 
described by Subsection (a)(1) who died or was permanently disabled 
in the line of duty under honorable circumstances as determined by 
the agency may purchase items described by Subsection (a)(3).
	(c)  An individual or person may not purchase a weapon 
prohibited under Section 46.05, Penal Code.
	(d)  Another person such as an association of peace officers 
or fire fighters may purchase a badge, insignia, weapon, or uniform 
to present to an individual who meets the qualifications of 
Subsection (a) or to the nearest surviving relative described by 
Subsection (b).
	(e)  An individual or person who purchases a badge, insignia, 
weapon, or uniform under this section must:
		(1)  purchase the badge, insignia, weapon, or uniform  
at fair market value; and
		(2)  permanently affix on a plaque or place in a 
presentation case the badge, insignia, weapon, or uniform.
	(f)  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.  The heading to Subchapter D, Chapter 614, 
Government Code, is amended to read as follows:

SUBCHAPTER D. PURCHASE OF AGENCY-ISSUED ITEMS [FIREARM] OF 
HONORABLY RETIRED OR DECEASED PEACE OFFICER OR FIRE FIGHTER
	SECTION 3.  Section 614.053, Government Code, is amended to 
read as follows: 
	Sec. 614.053.  PURCHASE PRICE OF FIREARM.  A state or local 
governmental agency shall establish the amount, which may not 
exceed fair market value, for which a firearm or other item may be 
purchased under this subchapter.
	SECTION 4.  This Act takes effect September 1, 2003.