BILL ANALYSIS

 

 

Senate Research Center

C.S.H.B. 3212

84R30345 PAM-F

By: King, Phil (Menéndez)

 

Criminal Justice

 

5/24/2015

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

C.S.H.B. 3212 amends current law relating to peace officer identification cards.

 

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 Section 614.121, Government Code, as added by Chapter 938 (H.B. 3613), Acts of the 80th Legislature, Regular Session, 2007, by adding Subdivision (3-a) to define “qualified retired law enforcement officer.”

 

SECTION 2. Amends Subchapter H, Chapter 614, Government Code, as added by Chapter 938 (H.B. 3613), Acts of the 80th Legislature, Regular Session, 2007, by adding Section 614.1241, as follows:

Sec. 614.1241.  QUALIFIED RETIRED LAW ENFORCEMENT OFFICER.  (a)  Requires a law enforcement agency or other governmental entity in this state, on request of a qualified retired law enforcement officer who holds a certificate of proficiency under Section 1701.357 (Weapons Proficiency for Certain Retired Peace Officers and Federal Law Enforcement Officers and for Former Reserve Law Enforcement Officers), Occupations Code, to issue an identification card to the qualified retired law enforcement officer if the law enforcement agency or other governmental entity:

(1) was the last entity to appoint or employ the qualified retired law enforcement officer as a peace officer; or

(2) appointed or employed the qualified retired law enforcement officer for 20 years or more and the officer is receiving retirement or pension benefits as a result of that service.

 

(b)  Requires the identification card to include certain information as set forth.

 

(c) Requires the law enforcement agency or other governmental entity that issues the identification card to print certain statements on the card as set forth.

 

(d) Requires the head of a law enforcement agency or other governmental entity that issued the identification card to recover the identification card on the date the identification card expires.

 

SECTION 3. Amends Section 614.127, Government Code, as follows:

 

Sec. 614.127.  LOST OR STOLEN CARDS.  Requires the law enforcement agency or other governmental entity that issued the card to the peace officer, reserve law enforcement officer, honorably retired peace officer, or qualified retired law enforcement officer, if an identification card issued under this subchapter is lost or stolen, to issue a duplicate identification card to the officer if the officer submits an affidavit executed by the officer to the law enforcement agency or other governmental entity stating that the identification card was lost or stolen.

 

Deletes existing text authorizing the law enforcement agency or other governmental entity issuing the card to require a peace officer, reserve law enforcement officer, or honorably retired peace officer to submit an affidavit executed by the peace officer, reserve law enforcement officer, or honorably retired peace officer to the law enforcement agency or other governmental entity issuing the card stating that the identification card was lost or stolen and to issue a duplicate identification card to the peace officer, reserve law enforcement officer, or honorably retired peace officer.

 

SECTION 4. Effective date: September 1, 2015.