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A BILL TO BE ENTITLED
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AN ACT
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relating to an exemption from reactivation and continuing education |
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requirements for certain honorably retired peace officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 1701.356, Occupations |
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Code, is amended to read as follows: |
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Sec. 1701.356. CERTAIN RETIRED DEPARTMENT OF PUBLIC SAFETY |
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OFFICERS: REACTIVATION AND CONTINUING EDUCATION NOT REQUIRED. |
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SECTION 2. Subchapter H, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.3561 to read as follows: |
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Sec. 1701.3561. CERTAIN RETIRED PEACE OFFICERS: |
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REACTIVATION AND CONTINUING EDUCATION NOT REQUIRED. (a) In this |
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section, "honorably retired peace officer" means a peace officer |
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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) did not retire in lieu of any disciplinary action; |
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(3) 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 agency; and |
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(4) 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) Except as provided by Subsection (d), an honorably |
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retired peace officer may not be required to undergo training under |
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Section 1701.352(b). |
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(c) Except as provided by Subsection (d), an honorably |
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retired peace officer: |
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(1) has the same rights and privileges as any other |
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peace officer of this state; |
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(2) holds, notwithstanding Sections 1701.159 and |
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1701.316, an active license unless the license is revoked, |
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suspended, or probated by the commission for a violation of this |
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chapter; and |
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(3) is not subject to Section 1701.351 or any other |
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continuing education requirement imposed by law. |
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(d) An honorably retired peace officer who is subsequently |
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elected, appointed, or employed to serve as a peace officer under |
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Article 2.12, Code of Criminal Procedure, or other law must: |
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(1) complete the continuing education requirements |
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provided by Section 1701.351 and any other continuing education |
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requirement imposed by law; and |
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(2) demonstrate weapons proficiency as required by |
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Section 1701.355. |
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SECTION 3. 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. |