82R8313 EES-F By: Whitmire S.B. No. 1210 A BILL TO BE ENTITLED AN ACT relating to the issuance of identification cards to certain peace officers and honorably retired peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 614.121(1), Government Code, as added by Chapter 938 (H.B. 3613), Acts of the 80th Legislature, Regular Session, 2007, is amended to read as follows: (1) "Peace [Full-time peace] officer" means a person elected, employed, or appointed as a peace officer under Article 2.12, Code of Criminal Procedure, or other law[,] who holds a license issued under Chapter 1701, Occupations Code[: [(A) works as a peace officer on average at least 32 hours per week, exclusive of paid vacation; and [(B) is compensated by this state or a political subdivision of this state at least at the federal minimum wage and is entitled to all employee benefits offered to a peace officer by the state or political subdivision]. SECTION 2. Sections 614.122(a) and (c), Government Code, as added by Chapter 938 (H.B. 3613), Acts of the 80th Legislature, Regular Session, 2007, are amended to read as follows: (a) The law enforcement agency or other governmental entity that appoints or employs a peace officer shall issue an identification card to its sworn [full-time or part-time] peace officers. (c) On the identification card, the law enforcement agency or other governmental entity that issues the card shall print: (1) "State of Texas" and the state seal; and (2) "This identification card certifies that (insert name of peace officer) is commissioned by (insert name of law enforcement agency or other governmental entity that appoints or employs the peace officer) as a sworn peace officer [(insert "full-time peace officer" or "part-time peace officer")]." SECTION 3. Sections 614.124(a) and (d), Government Code, as added by Chapter 938 (H.B. 3613), Acts of the 80th Legislature, Regular Session, 2007, are amended to read as follows: (a) The law enforcement agency or other governmental entity that was the last entity to appoint or employ an honorably retired peace officer as a peace officer shall [may] issue an identification card to its honorably retired peace officers. (d) The head of a law enforcement agency or other governmental entity that issued the identification card shall recover the identification card on the date the identification card expires, unless the identification card is issued without an expiration date. SECTION 4. Sections 614.125 and 614.127, Government Code, as added by Chapter 938 (H.B. 3613), Acts of the 80th Legislature, Regular Session, 2007, are amended to read as follows: Sec. 614.125. EXPIRATION DATE. (a) An identification card issued under this subchapter expires on a date specified by the law enforcement agency or other governmental entity issuing the card. (b) A law enforcement agency or other governmental entity may issue under Section 614.124 an identification card without an expiration date to an honorably retired peace officer. Sec. 614.127. LOST OR STOLEN CARDS. If an identification card issued under this subchapter is lost or stolen, the law enforcement agency or other governmental entity issuing the card may: (1) 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 (2) issue a duplicate identification card to the peace officer[, reserve law enforcement officer,] or honorably retired peace officer. SECTION 5. (a) The following provisions of the Government Code are repealed: (1) Sections 614.121(3) and (4), as added by Chapter 938 (H.B. 3613), Acts of the 80th Legislature, Regular Session, 2007; and (2) Section 614.123, as added by Chapter 938 (H.B. 3613), Acts of the 80th Legislature, Regular Session, 2007. (b) Subchapter H, Chapter 614, Government Code, as added by Chapter 1187 (H.B. 638), Acts of the 80th Legislature, Regular Session, 2007, is repealed. SECTION 6. This Act takes effect September 1, 2011.