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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing of certain peace officers by the |
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Commission on Law Enforcement Officer Standards and Education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1701.159, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.159. [LIST OF] ACTIVE AND INACTIVE PEACE |
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OFFICERS. (a) The commission [by rule] shall establish a list of |
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active licensed peace officers and a list of inactive licensed |
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peace officers who leave the employment of a law enforcement |
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agency. |
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(b) A retired peace officer as defined by Section 1701.3161 |
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continues to hold as an inactive license the license the retired |
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officer held at the time the retired officer last served as an |
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elected, appointed, or employed peace officer unless the license |
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was revoked for cause under Section 1701.501. |
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(c) A retired peace officer who holds an inactive license |
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may not serve as a peace officer unless the person reactivates the |
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license as provided by Section 1701.316 or 1701.3161. |
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SECTION 2. Section 1701.307, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) The commission shall [may] issue a permanent license to |
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a person who meets the requirements of this chapter and the rules |
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prescribed by the commission to serve as an officer [and may issue a
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temporary or permanent license to a person to serve as a county
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jailer]. |
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(c) The commission may issue a temporary or permanent |
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license to a person to serve as a county jailer. |
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SECTION 3. Subchapter G, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.3161 to read as follows: |
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Sec. 1701.3161. REACTIVATION OF PEACE OFFICER LICENSE: |
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RETIRED PEACE OFFICERS. (a) In this section, "retired peace |
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officer" means a person who served as a peace officer in this state |
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who: |
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(1) is not currently serving as an elected, appointed, |
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or employed peace officer under Article 2.12, Code of Criminal |
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Procedure, or other law; |
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(2) was eligible to retire from a law enforcement |
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agency in this state or was ineligible to retire only as a result of |
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an injury received in the course of the officer's employment with |
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the law enforcement agency; and |
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(3) is eligible to receive a pension or annuity for |
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service as a law enforcement officer in this state or is ineligible |
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to receive a pension or annuity only because the law enforcement |
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agency that employed the officer does not offer a pension or annuity |
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to its employees. |
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(b) The commission shall adopt rules for the reactivation of |
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a retired peace officer's license after a break in employment. The |
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rules must allow a retired peace officer to reactivate the |
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officer's license by completing the continuing education |
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requirements prescribed by Section 1701.351 and completing any |
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other continuing education requirement imposed by law in lieu of |
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successfully completing any examination required by the commission |
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for reactivation. |
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(c) The commission shall waive the fee established for the |
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reactivation of a peace officer's license for a retired peace |
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officer who is eligible for reactivation as provided by Subsection |
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(b). |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the Commission on Law Enforcement Officer Standards |
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and Education shall adopt the rules required by Section 1701.3161, |
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Occupations Code, as added by this Act. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |