Law:Title 6. Public Officers And Employees. Subtitle A. Provisions Generally Applicable To Public Officers And Employees from Chapter 614. Peace Officers And Fire Fighters (Texas)

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Subtitle A. Provisions Generally Applicable To Public Officers And Employees

Contents

Chapter 614. Peace Officers And Fire Fighters

Subchapter A. Legislative Leave For Peace Officer Or Fire Fighter

Section  614.001.  Definitions.

In this subchapter:

(1)  "Employer" means the governmental entity that employs or appoints a peace officer or fire fighter or that the peace officer or fire fighter is elected to serve.

(2)  "Fire fighter" means a member of a fire department who performs a function listed in Section 143.003(4), Local Government Code, without regard to whether the individual is subject to a civil service system or program.

(3)  "Peace officer" means an individual elected, appointed, or employed to serve as a peace officer for a governmental entity under Article 2.12, Code of Criminal Procedure, or other law.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section 614.002.

  APPLICABILITY OF

Subchapter

. This subchapter applies only to a peace officer or fire fighter employed by:

(1)  the state;

(2)  a municipality with a population of 50,000 or more;  or

(3)  a county with a population of 190,000 or more.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 352, Sec. 1, eff. September 1, 2009.



Section  614.003.  Entitlement To Legislative Leave.

A peace officer or fire fighter is entitled as provided by this subchapter to legislative leave to serve in, appear before, or petition a governmental body during a regular or special session of the body.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  614.004.  Eligibility For Legislative Leave.

(a) To be eligible for legislative leave, a peace officer or fire fighter must submit a written application to the individual's employer on or before the 30th day before the date the individual intends to begin the legislative leave.

(b)  The application must state the length of the requested leave and that the peace officer or fire fighter is willing to reimburse the employer for any wages, pension, or other costs the employer will incur as a result of the leave.

(c)  The length of requested leave may not exceed the length of the session.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  614.005.  Money Required To Offset Costs Of Legislative Leave.

(a) An employer may require reimbursement of all costs associated with legislative leave under this subchapter.

(b)  Within 30 days after the date an employer receives an application, the employer shall notify the peace officer or fire fighter in writing of the actual amount of money required to offset the costs the employer will incur.

(c)  An employer may require a peace officer or fire fighter to post the money before granting the leave.

(d)  A peace officer or fire fighter shall give to the employer a sworn statement identifying the source of the money posted.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  614.006.  Employer To Grant Legislative Leave; Exceptions.

An employer shall grant legislative leave to a peace officer or fire fighter who submits an application as prescribed by this subchapter and who complies with any requirement relating to payment of costs:

(1)  except in an emergency; or

(2)  unless granting the leave will result in having an insufficient number of employees to carry out the normal functions of the employer.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  614.007.  Insufficiency In Number Of Employees; Exchange Of Time By Other Employees.

(a) If an employer determines that granting a legislative leave will result in having an insufficient number of employees to carry out the normal functions of the employer, another peace officer or fire fighter of equal rank may volunteer to exchange time of work with the applicant if overtime does not result.

(b)  The employer shall allow a volunteer under Subsection (a) to work for the applicant and shall grant the legislative leave, if overtime will not result and if the volunteer work will result in having a sufficient number of employees.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  614.008.  Legislative Leave Not A Break In Service. Leg

islative leave under this subchapter is not a break in service for any purpose and is treated as any other paid leave, except as provided by Section 614.005.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  614.009.  Legislative Leave To Attend Session Of Congress.

Legislative leave granted under this subchapter to a peace officer or fire fighter to attend a session of the Congress of the United States shall be granted for not longer than 30 percent of the applicant's total annual working days during each year in which leave is requested.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  614.010.  Employees' Association May Not Reimburse Certain Costs.

A peace officers' or fire fighters' association may not reimburse a member of the legislature or an employer of a peace officer or fire fighter who serves as a member of the legislature for wages, pension contributions, or other costs incurred as a result of legislative leave taken under this subchapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Subchapter B. Complaint Against Law Enforcement Officer

OR FIRE FIGHTER


Section 614.021.

  APPLICABILITY OF

Subchapter

. (a) Except as provided by Subsection (b), this subchapter applies only to a complaint against:

(1)  a law enforcement officer of the State of Texas, including an officer of the Department of Public Safety or of the Texas Alcoholic Beverage Commission;

(2)  a fire fighter who is employed by this state or a political subdivision of this state;

(3)  a peace officer under Article 2.12, Code of Criminal Procedure, or other law who is appointed or employed by a political subdivision of this state; or

(4)  a detention officer or county jailer who is appointed or employed by a political subdivision of this state.

(b)  This subchapter does not apply to a peace officer or fire fighter appointed or employed by a political subdivision that is covered by a meet and confer or collective bargaining agreement under Chapter 143 or 174, Local Government Code, if that agreement includes provisions relating to the investigation of, and disciplinary action resulting from, a complaint against a peace officer or fire fighter, as applicable.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 507, Sec. 1, eff. September 1, 2005.



Section 614.022.  Complaint To Be In Writing And Signed By Complainant.

To be considered by the head of a state agency or by the head of a fire department or local law enforcement agency, the complaint must be:

(1)  in writing; and

(2)  signed by the person making the complaint.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 507, Sec. 1, eff. September 1, 2005.



Section 614.023.  Copy Of Complaint To Be Given To Officer Or Employee.

(a) A copy of a signed complaint against a law enforcement officer of this state or a fire fighter, detention officer, county jailer, or peace officer appointed or employed by a political subdivision of this state shall be given to the officer or employee within a reasonable time after the complaint is filed.

(b)  Disciplinary action may not be taken against the officer or employee unless a copy of the signed complaint is given to the officer or employee.

(c)  In addition to the requirement of Subsection (b), the officer or employee may not be indefinitely suspended or terminated from employment based on the subject matter of the complaint unless:

(1)  the complaint is investigated; and

(2)  there is evidence to prove the allegation of misconduct.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 507, Sec. 1, eff. September 1, 2005.



Subchapter C. Prohibition Against Collecting Debt For Another

Section  614.041.  Collecting Debt For Another; Offense.

(a) A peace officer commits an offense if the officer:

(1)  accepts for collection or undertakes the collection of a claim for debt for another, unless the officer acts under a law that prescribes the duties of the officer; or

(2)  accepts compensation not prescribed by law for accepting for collection or undertaking the collection of a claim for debt for another.

(b)  An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $200 or more than $500.

(c)  In addition to the fine, the peace officer may be removed from office.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Subchapter D. Purchase Of Agency-issued Firearm Of Honorably Retired Or Deceased Peace Officer

Section  614.051.  Purchase Of Firearm By Honorably Retired Peace Officer.

(a) An individual may purchase a firearm from a state agency if:

(1)  the individual was a peace officer commissioned by the agency;

(2)  the individual was honorably retired from the individual's commission by the state;

(3)  the firearm had been previously issued to the individual by the agency; and

(4)  the firearm is not a prohibited weapon under Section 46.05, Penal Code.

(b)  An individual may purchase only one firearm from a state agency under this section.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.37, eff. Sept. 1, 1995.



Section  614.052.  Purchase Of Firearm By Surviving Spouse, Child, Or Parent Of Deceased Peace Officer.

(a) An individual listed under Subsection (b) may purchase a firearm from a state agency if:

(1)  the firearm had been previously issued by the agency to a peace officer commissioned by the agency who died while commissioned, without regard to whether the officer died while discharging the officer's official duties; and

(2)  the firearm is not a prohibited weapon under Section 46.05, Penal Code.

(b)  Individuals who may purchase the firearm under Subsection (a) are, in order of precedence:

(1)  the surviving spouse of the deceased peace officer;

(2)  a child of the deceased peace officer; and

(3)  a parent of the deceased peace officer.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.38, eff. Sept. 1, 1995.



Section  614.053.  Purchase Price Of Firearm.

A state agency shall establish the amount, which may not exceed fair market value, for which a firearm may be purchased under this subchapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Section  614.054.  When Firearm May Be Purchased From State Agency; Delay Of Sale By Agency.

(a) Except as provided by Subsection (b), an individual must purchase a firearm under Section 614.051 before the second anniversary of the date of the person's retirement or under Section 614.052 before the second anniversary of the date of the officer's death.

(b)  A state agency that cannot immediately replace the firearm may delay the sale of the firearm until the agency can replace the firearm.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.



Subchapter E. Polygraph Examinations

Section  614.061.  Definition.

In this subchapter, "peace officer" means a person who:

(1)  is elected, appointed, or employed by a governmental entity; and

(2)  is a peace officer under Article 2.12, Code of Criminal Procedure, or other law.

Added by Acts 1997, 75th Leg., ch. 1303, Sec. 1, eff. June 20, 1997.



Section  614.062. 

 APPLICABILITY OF

Subchapter

. This subchapter does not apply to a peace officer to whom Section 411.007 applies.

Added by Acts 1997, 75th Leg., ch. 1303, Sec. 1, eff. June 20, 1997.



Section  614.063.  Polygraph Examination.

(a) A peace officer may not be suspended, discharged, or subjected to any other form of employment discrimination by the organization employing or appointing the peace officer because the peace officer refuses to submit to a polygraph examination as part of an internal investigation regarding the conduct of the peace officer unless:

(1)  the complainant submits to and passes a polygraph examination; or

(2)  the peace officer is ordered to take an examination under Subsection (d) or (e).

(b)  Subsection (a)(1) does not apply if the complainant is physically or mentally incapable of being polygraphed.

(c)  For the purposes of this section, a person passes a polygraph examination if, in the opinion of the polygraph examiner, no deception is indicated regarding matters critical to the matter under investigation.

(d)  The head of the law enforcement organization that employs or appoints a peace officer may require the peace officer to submit to a polygraph examination under this subsection if:

(1)  the subject matter of the complaint is confined to the internal operations of the organization employing or appointing the peace officer;

(2)  the complainant is an employee or appointee of the organization employing or appointing the peace officer; and

(3)  the complaint does not appear to be invalid based on the information available when the polygraph is ordered.

(e)  The head of the law enforcement organization that employs or appoints a peace officer may require the peace officer to submit to a polygraph examination under this subsection if the head of the law enforcement organization considers the circumstances to be extraordinary and the head of the law enforcement organization believes that the integrity of a peace officer or the law enforcement organization is in question. The head of the law enforcement organization shall provide the peace officer with a written explanation of the nature of the extraordinary circumstances and how the integrity of a peace officer or the law enforcement organization is in question.

Added by Acts 1997, 75th Leg., ch. 1303, Sec. 1, eff. June 20, 1997.



Subchapter F. Rural Volunteer Fire Department Insurance Program

Section  614.071.  Definitions.

In this subchapter:

(1)  "Director" means the director of the Texas Forest Service.

(2)  "Fund" means the rural volunteer fire department insurance fund.

(3)  "Partially paid fire department" means a fire department operated by its members that includes:

(A)  some volunteer members; and

(B)  not more than 20 paid members.

(4)  "Program" means the rural volunteer fire department insurance program.

(5)  "Service" means the Texas Forest Service, an agency of The Texas A&M University System.

(6)  "Volunteer fire department" means a fire department operated by its members, including a partially paid fire department, that:

(A)  is operated on a not-for-profit basis, including a department exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization in Section 501(c)(3) of that code; and

(B)  participates in a firefighter certification program administered:

(i)  under Section 419.071;

(ii)  by the State Firemen's and Fire Marshals' Association of Texas; or

(iii)  by the National Wildfire Coordinating Group.

Added by Acts 2001, 77th Leg., ch. 1363, Sec. 1, eff. Oct. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 472, Sec. 1, eff. Sept. 1, 2003.



Section  614.072.  Administration Of Program.

(a) The Texas Forest Service shall administer the rural volunteer fire department insurance program established under this subchapter.

(b)  The director may adopt rules necessary to assist rural volunteer fire departments in the payment of:

(1)  workers' compensation insurance;

(2)  audit costs for workers' compensation claims in any year in which there is an abnormally high number of wildfires; and

(3)  accidental death and disability insurance.

(c)  The service may employ staff to administer the program.

(d)  The director shall, in consultation with the advisory committee appointed under Section 614.073:

(1)  determine reasonable criteria and qualifications for the distribution of money from the fund; and

(2)  establish a procedure for reporting and processing requests for money from the fund.

(e)  In developing the criteria and qualifications for the distribution of money from the fund under Subsection (d), the director may not prohibit a volunteer fire department from receiving funds from a political subdivision.

(f)  The director shall prepare an annual written report on the activity, status, and effectiveness of the fund and shall submit the report to the lieutenant governor, the speaker of the house of representatives, and the comptroller before September 1 of each year.

(g)  Any assistance provided under this subchapter to a volunteer fire department or a firefighter who is a member of a volunteer fire department may not be considered compensation, and a firefighter receiving assistance under this subchapter may not be considered to be in the paid service of any governing body.

(h)  Administration costs associated with the program during a state fiscal year may not exceed seven percent of the total revenue collected from the tax imposed under Chapter 161, Tax Code, during the previous fiscal year.

Added by Acts 2001, 77th Leg., ch. 1363, Sec. 1, eff. Oct. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1248, Sec. 1, eff. September 1, 2007.



Section  614.073.  Advisory Committee.

(a) The director shall appoint an advisory committee to advise the director in regard to the administration of the program.

(b)  The advisory committee consists of five members with one member appointed from each of the following geographic regions of the state: north, south, east, west, and central.

(c)  A member of the advisory committee is entitled to reimbursement of reasonable travel expenses incurred by the member in performing duties as a member of the advisory committee, subject to any applicable limitation on reimbursement provided by general law or the General Appropriations Act. A member may not receive compensation for services.

Added by Acts 2001, 77th Leg., ch. 1363, Sec. 1, eff. Oct. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 472, Sec. 2, eff. Sept. 1, 2003.



Section  614.074.  Requests For Assistance.

(a) A request for assistance from the fund shall be submitted to the director.

(b)  On receiving a request for assistance, the director shall determine whether to provide assistance and the amount of the assistance to be provided, if any, based on the criteria developed in consultation with the advisory committee under Section 614.072. A written copy of the decision shall be sent to the requestor and each member of the advisory committee.

Added by Acts 2001, 77th Leg., ch. 1363, Sec. 1, eff. Oct. 1, 2001.



Section  614.075.  Fund.

(a) The rural volunteer fire department insurance fund is an account in the general revenue fund and is composed of money collected under Chapter 161, Tax Code, and contributions to the fund from any other source.

(b)  Money in the fund may be used only for a purpose under this subchapter.

Added by Acts 2001, 77th Leg., ch. 1363, Sec. 1, eff. Oct. 1, 2001.



Subchapter G. Rural Volunteer Fire Department Assistance Program

Section  614.101.  Definitions.

In this subchapter:

(1)  "Director" means the director of the Texas Forest Service of The Texas A&M University System.

(2)  "Fund" means the volunteer fire department assistance fund.

(3)  "Program" means the Rural Volunteer Fire Department Assistance Program.

(4)  "Service" means the Texas Forest Service of The Texas A&M University System.

(5)  "Part-paid fire department" means a fire department operated by its members, some of whom are volunteers and not more than 20 of whom are paid.

(6)  "Volunteer fire department" means a fire department operated by its members, including a part-paid fire department, that is operated on a not-for-profit basis, including a department that is exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization in Section 501(c)(3) of that code.

Added by Acts 2001, 77th Leg., ch. 1129, Sec. 1, eff. Sept. 1, 2001. Renumbered from Government Code Sec. 614.071 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(79), eff. Sept. 1, 2003.



Section  614.102.  Administration Of Program.

(a) The Texas Forest Service shall administer the program established under this subchapter, and the director may adopt rules necessary to assist volunteer fire departments in paying for equipment and training of personnel.

(b)  The service may employ staff to administer the program.

(c)  The director shall:

(1)  determine reasonable criteria and qualifications for the distribution of money from the volunteer fire department assistance fund; and

(2)  establish a procedure for reporting and processing requests for money from the fund.

(d)  A volunteer fire department may not be denied assistance from the fund solely because the department receives funds from a political subdivision.

(e)  The director shall prepare an annual written report on the activity, status, and effectiveness of the fund and shall submit the report to the lieutenant governor, the speaker of the house of representatives, and the comptroller before November 1 of each year.

(f)  Any assistance or benefits provided under this subchapter to a volunteer fire department or a firefighter who is a member of a volunteer fire department may not be considered compensation, and a firefighter receiving assistance under this subchapter may not be considered to be in the paid service of any governing body.

(g)  Administration costs associated with the program during a state fiscal year may not exceed seven percent of the total revenue collected from the assessment under Article 5.102, Insurance Code, during the previous fiscal year.

Added by Acts 2001, 77th Leg., ch. 1129, Sec. 1, eff. Sept. 1, 2001. Renumbered from Government Code Sec. 614.072 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(79), eff. Sept. 1, 2003.



Section  614.103.  Requests For Assistance.

(a) A request for assistance from the fund shall be submitted to the director.

(b)  On receiving a request for assistance, the director shall determine whether to provide assistance and the amount of the assistance to be provided, if any, based on the criteria developed under Section 614.102. A written copy of the decision shall be sent to the requestor.

Added by Acts 2001, 77th Leg., ch. 1129, Sec. 1, eff. Sept. 1, 2001. Renumbered from Government Code Sec. 614.073 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(79), 3(27), eff. Sept. 1, 2003.



Section  614.104.  Fund.

(a) The volunteer fire department assistance fund is an account in the general revenue fund and is composed of money collected under Article 5.102, Insurance Code, and contributions to the fund from any other source.

(b)  Except as provided by Subsection (c), money in the fund may be used only for a purpose under this subchapter.

(c)  The service may expend an amount not to exceed $5 million each year from the fund for staffing and operating costs associated with the preparation and delivery of the service's statewide wildfire protection plan.

Added by Acts 2001, 77th Leg., ch. 1129, Sec. 1, eff. Sept. 1, 2001. Renumbered from Government Code Sec. 614.074 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(79), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1000, Sec. 1, eff. September 1, 2009.



Section 614.105.  Separate Account For Money From Texas Commission On Fire Protection.

(a) The service shall maintain a separate account within the volunteer fire department assistance fund.

(b)  The account shall contain money:

(1)  previously appropriated to the Texas Commission on Fire Protection for the administration of the fire department emergency program and transferred to the service;

(2)  received from the repayment of outstanding loans transferred to the service from the Texas Commission on Fire Protection fire department emergency program; and

(3)  from any legislative appropriations for the purposes of Subsection (c).

(c)  The money in the account may be used only to award grants for scholarships for the education and training of firefighters or for purchasing necessary firefighting equipment and facilities for:

(1)  a municipal fire department with any number of paid personnel;

(2)  a fire department operated by its members, some of whom are volunteers and some of whom are paid; or

(3)  a volunteer fire department.

(d)  The service shall administer all outstanding loans transferred from the Texas Commission on Fire Protection fire department emergency program and deposit money obtained as repayment of those loans to the credit of the account created under this section.

Added by Acts 2009, 81st Leg., R.S., Ch. 1216, Sec. 25, eff. January 1, 2010.



Subchapter H. Peace Officer Identification Cards

Subchapter H, consisting of Secs. 614.121 to 614.127, was added by Acts 2007, 80th Leg., R.S., Ch. 938, Sec. 1.

For another Subchapter H, consisting of Secs. 614.121 to 614.125, added by Acts 2007, 80th Leg., R.S., Ch. 1187, Sec. 3, see Sec. 614.121 et seq., post.


Section 614.121.  Definitions.

In this subchapter:

(1)  "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:

(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.

(2)  "Honorably retired peace officer" means a former peace officer who:

(A)  previously served but is not currently serving as an elected, appointed, or employed peace officer under Article 2.12, Code of Criminal Procedure, or other law;

(B)  did not retire in lieu of any disciplinary action;

(C)  was eligible to retire from a law enforcement agency in this state or was ineligible to retire only as a result of an injury received in the course of the officer's employment with the agency;  and

(D)  is eligible to receive a pension or annuity for service as a law enforcement officer in this state or is ineligible to receive a pension or annuity only because the law enforcement agency that employed the officer does not offer a pension or annuity to its employees.

(3)  "Part-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:

(A)  works as a peace officer on average less than 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.

(4)  "Reserve law enforcement officer" has the meaning assigned by Section 1701.001, Occupations Code.

Added by Acts 2007, 80th Leg., R.S., Ch. 938, Sec. 1, eff. September 1, 2007.



Section 614.122.  Peace Officers.

(a) The law enforcement agency or other governmental entity that appoints or employs a peace officer shall issue an identification card to its full-time or part-time peace officers.

(b)  The identification card must include:

(1)  the full name of the peace officer;

(2)  a photograph of the peace officer consistent with the peace officer's appearance;

(3)  the name of the law enforcement agency or other governmental entity that appointed or employs the peace officer or that the peace officer was elected to serve;

(4)  if applicable, the signature of the person appointing or employing the person as a peace officer on behalf of the law enforcement agency or other governmental entity;

(5)  a brief description of the peace officer, including the peace officer's height, weight, and eye color;

(6)  the thumbprint of the peace officer or a bar code with a unique identification label for the peace officer;

(7)  the date the law enforcement agency or other governmental entity appointed or employed the peace officer;

(8)  the date the law enforcement agency or other governmental entity issued the card to the peace officer; and

(9)  a phone number operational 24 hours a day, seven days a week that a person may call to verify the validity of the identification card.

(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 (insert "full-time peace officer" or "part-time peace officer")."

(d)  The head of a law enforcement agency or other governmental entity that appoints or employs a peace officer shall recover the identification card at the time of the peace officer's resignation or termination.

Added by Acts 2007, 80th Leg., R.S., Ch. 938, Sec. 1, eff. September 1, 2007.



Section 614.123.  Reserve Law Enforcement Officer.

(a) The law enforcement agency or other governmental entity that appoints or employs a reserve law enforcement officer shall issue an identification card to its reserve law enforcement officers.

(b)  The identification card must include:

(1)  the full name of the reserve law enforcement officer;

(2)  a photograph of the reserve law enforcement officer consistent with the reserve law enforcement officer's appearance;

(3)  the name of the law enforcement agency or other governmental entity that appointed or employs the reserve law enforcement officer;

(4)  if applicable, the signature of the person appointing or employing the person as a reserve law enforcement officer on behalf of the law enforcement agency or other governmental entity;

(5)  a brief description of the reserve law enforcement officer, including the reserve law enforcement officer's height, weight, and eye color;

(6)  the thumbprint of the reserve law enforcement officer or a bar code with a unique identification label for the reserve law enforcement officer;

(7)  the date the law enforcement agency or other governmental entity appointed or employed the reserve law enforcement officer;

(8)  the date the law enforcement agency or other governmental entity issued the card to the reserve law enforcement officer; and

(9)  a phone number operational 24 hours a day, seven days a week that a person may call to verify the validity of the identification card.

(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 reserve law enforcement officer) is commissioned by (insert name of law enforcement agency or other governmental entity that appoints or employs the reserve law enforcement officer) as a reserve law enforcement officer."

(d)  The head of a law enforcement agency or other governmental entity that appoints or employs a reserve law enforcement officer shall recover the identification card at the time of the reserve law enforcement officer's resignation or termination.

Added by Acts 2007, 80th Leg., R.S., Ch. 938, Sec. 1, eff. September 1, 2007.



Section 614.124.  Honorably Retired Peace Officer.

(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 may issue an identification card to its honorably retired peace officers.

(b)  The identification card must include:

(1)  the full name of the honorably retired peace officer;

(2)  a photograph of the honorably retired peace officer consistent with the honorably retired peace officer's appearance;

(3)  the name of the law enforcement agency or other governmental entity that issued the card to the honorably retired peace officer;

(4)  if applicable, the signature of the person authorizing the issuance of the card on behalf of the law enforcement agency or other governmental entity to the honorably retired peace officer;

(5)  a brief description of the honorably retired peace officer, including the honorably retired peace officer's height, weight, and eye color;

(6)  the thumbprint of the honorably retired peace officer or a bar code with a unique identification label for the honorably retired peace officer;

(7)  the date the honorably retired peace officer last served as a peace officer for the law enforcement agency or other governmental entity;

(8)  the date the law enforcement agency or other governmental entity issued the card to the honorably retired peace officer; and

(9)  a phone number operational 24 hours a day, seven days a week that a person may call to verify the validity of the identification card.

(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 honorably retired peace officer) is an honorably retired peace officer of (insert name of law enforcement agency or other governmental entity that last appointed or employed the honorably retired peace officer)."

(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.

Added by Acts 2007, 80th Leg., R.S., Ch. 938, Sec. 1, eff. September 1, 2007.



Section 614.125.  Expiration Date.

An identification card issued under this subchapter expires on a date specified by the law enforcement agency or other governmental entity issuing the card.

Added by Acts 2007, 80th Leg., R.S., Ch. 938, Sec. 1, eff. September 1, 2007.



Section 614.126.  Tamper-proof Cards.

An identification card issued under this subchapter must be, to the extent practicable, tamper-proof.

Added by Acts 2007, 80th Leg., R.S., Ch. 938, Sec. 1, eff. September 1, 2007.



Section 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.

Added by Acts 2007, 80th Leg., R.S., Ch. 938, Sec. 1, eff. September 1, 2007.



Subchapter H. Identification Cards For Certain Retired Peace Officers

Subchapter H, consisting of Secs. 614.121 to 614.125, was added by Acts 2007, 80th Leg., R.S., Ch. 1187, Sec. 3.

For another Subchapter H, consisting of Secs. 614.121 to 614.127, added by Acts 2007, 80th Leg., R.S., Ch. 938, Sec. 1, see Sec. 614.121 et seq., post.


Section 614.121.  Definition.

In this subchapter, "honorably retired peace officer" means a former peace officer who:

(1)  previously served but is not currently serving as an elected, appointed, or employed peace officer under Article 2.12, Code of Criminal Procedure, or other law;

(2)  did not retire in lieu of any disciplinary action;

(3)  was eligible to retire from a law enforcement agency in this state or was ineligible to retire only as a result of an injury received in the course of the officer's employment with the agency; and

(4)  is entitled to receive a pension or annuity for service with a state or local law enforcement agency or is not entitled to receive a pension or annuity only because the law enforcement agency that employed the retired officer does not offer a pension or annuity to its retired employees.

Added by Acts 2007, 80th Leg., R.S., Ch. 1187, Sec. 3, eff. September 1, 2007.



Section 614.122.  Issuance Of Identification Card.

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 issue an identification card to its honorably retired peace officers.

Added by Acts 2007, 80th Leg., R.S., Ch. 1187, Sec. 3, eff. September 1, 2007.



Section 614.123.  Appearance And Content Of Identification Card.

(a) The identification card must include:

(1)  the full name of the honorably retired peace officer;

(2)  a photograph of the honorably retired peace officer consistent with the honorably retired peace officer's appearance;

(3)  the name of the law enforcement agency or other governmental entity that issued the card to the honorably retired peace officer;

(4)  if applicable, the signature of the person authorizing the issuance of the card on behalf of the law enforcement agency or other governmental entity to the honorably retired peace officer;

(5)  a brief description of the honorably retired peace officer, including the honorably retired peace officer's height, weight, and eye color;

(6)  the thumbprint of the honorably retired peace officer;

(7)  the date the honorably retired peace officer last served as a peace officer for the law enforcement agency or other governmental entity; and

(8)  the date the law enforcement agency or other governmental entity issued the card to the honorably retired peace officer.

(b)  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 honorably retired peace officer) is an honorably retired peace officer of (insert name of law enforcement agency or other governmental entity that last appointed or employed the honorably retired peace officer)."

Added by Acts 2007, 80th Leg., R.S., Ch. 1187, Sec. 3, eff. September 1, 2007.



Section 614.124.  Expiration Date.

An identification card issued under this subchapter expires on a date specified by the law enforcement agency or other governmental entity issuing the card.

Added by Acts 2007, 80th Leg., R.S., Ch. 1187, Sec. 3, eff. September 1, 2007.



Section 614.125.  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 an honorably retired peace officer to submit an affidavit executed by the officer to the law enforcement agency or other governmental entity stating that the identification card was lost or stolen; and

(2)  issue a duplicate identification card to the officer.

Added by Acts 2007, 80th Leg., R.S., Ch. 1187, Sec. 3, eff. September 1, 2007.



Subchapter I. Fire Department Listing

Section 614.151.

  PURPOSES OF

Subchapter

. The purposes of this subchapter are to:

(1)  develop a complete list of fire departments and firefighting resources within this state;

(2)  prepare for the prompt and efficient response to a disaster or incident of catastrophic proportions; and

(3)  provide support to the statewide mutual aid program for fire emergencies as provided by Section 418.110.

Added by Acts 2007, 80th Leg., R.S., Ch. 1215, Sec. 1, eff. September 1, 2007.



Section 614.152.  Definitions.

In this subchapter:

(1)  "Fire department" means an entity that provides fire protection to an area within the state that has 9-1-1 service as determined by the Commission on State Emergency Communications.

(2)  "Service" means the Texas Forest Service of The Texas A&M University System.

(3)  "State fire agency" means the:

(A)  firefighters' pension commissioner;

(B)  Texas Department of Rural Affairs;

(C)  service;

(D)  Texas Commission on Fire Protection;

(E)  Texas Engineering Extension Service of The Texas A&M University System; and

(F)  Texas State Fire Marshal's Office of the Texas Department of Insurance.

(4)  "State fire association" means the:

(A)  State Firemen's and Fire Marshals' Association of Texas;

(B)  Texas Fire Chiefs Association;

(C)  Texas Fire Marshals Association;

(D)  Texas State Association of Fire and Emergency Districts; and

(E)  Texas State Association of Fire Fighters.

Added by Acts 2007, 80th Leg., R.S., Ch. 1215, Sec. 1, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 112, Sec. 94, eff. September 1, 2009.



Section 614.153.  Administration Of Fire Department Listing.

The service shall:

(1)  establish and maintain a listing of fire departments located in this state that is accessible to each state fire agency to assist the agency in carrying out its responsibilities; and

(2)  prescribe procedures necessary to implement this subchapter.

Added by Acts 2007, 80th Leg., R.S., Ch. 1215, Sec. 1, eff. September 1, 2007.



Section 614.154.  Listing Required.

(a) Each fire department in this state must be listed with the service.  Each fire department shall provide to the service information described by Section 614.155 in a manner prescribed by the service.

(b)  State fire agencies and state fire associations shall coordinate and cooperate with the service in the development of the listing.

Added by Acts 2007, 80th Leg., R.S., Ch. 1215, Sec. 1, eff. September 1, 2007.



Section 614.155.  Listing Components.

The listing must contain for each fire department in this state:

(1)  the name of the fire department;

(2)  the physical address of the fire department;

(3)  the mailing address of the fire department;

(4)  the number of firefighters and any other personnel affiliated with the fire department whose duties involve responding to an emergency incident; and

(5)  an itemized list, using National Incident Management System guidelines, of all firefighting equipment used by the fire department for fire protection purposes.

Added by Acts 2007, 80th Leg., R.S., Ch. 1215, Sec. 1, eff. September 1, 2007.



Section 614.156.  Renewal Of Listing.

The service shall renew a fire department's listing annually.

Added by Acts 2007, 80th Leg., R.S., Ch. 1215, Sec. 1, eff. September 1, 2007.



Subchapter J. Standards For Certain Law Enforcement Officers

Section 614.171.  Definitions.

In this subchapter:

(1)  "Law enforcement agency" means the Department of Public Safety, Texas Alcoholic Beverage Commission, Texas Department of Criminal Justice, and Parks and Wildlife Department.

(2)  "Law enforcement officer" means a person who  is a commissioned peace officer employed by a law enforcement agency.

Added by Acts 2007, 80th Leg., R.S., Ch. 1159, Sec. 13, eff. September 1, 2007.

Renumbered from Government Code, Section 614.151 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(41), eff. September 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.04, eff. September 1, 2009.



Section 614.172.  Physical Fitness Programs And Standards.

(a) Each law enforcement agency shall adopt physical fitness programs that a law enforcement officer must participate in and physical fitness standards that a law enforcement officer must meet.  The standards as applied to an officer must directly relate to the officer's job duties and shall include individual fitness goals specific to the officer's age and gender.  A law enforcement agency shall use the services of a consultant to aid the agency in developing the standards.

(a-1)  Each law enforcement agency shall adopt a reward policy that provides for reward incentives to officers who participate in the program and meet the standards adopted under Subsection (a). The reward incentives under the policy must be an amount of administrative leave of not more than four days per year.

(a-2)  An agency may adopt physical readiness standards independent of other law enforcement agencies.

(b)  Except as provided by Subsection (c), a violation of a standard adopted under Subsection (a) is just cause to discharge an officer or:

(1)  transfer an officer to a position that is not compensated according to Schedule C of the position classification salary schedule prescribed by the General Appropriations Act; or

(2)  for a law enforcement officer employed by the Parks and Wildlife Department and compensated according to Schedule B of the position classification salary schedule prescribed by the General Appropriations Act, transfer the officer to a position that does not require the employee to be a commissioned peace officer.

(c)  A law enforcement agency may exempt a law enforcement officer from participating in a program or meeting a standard under Subsection (a) based on the facts and circumstances of the individual case, including whether an officer was injured in the line of duty.

Added by Acts 2007, 80th Leg., R.S., Ch. 1159, Sec. 13, eff. September 1, 2007.

Renumbered from Government Code, Section 614.152 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(41), eff. September 1, 2009.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 6.05, eff. September 1, 2009.



Subchapter K. Insurance Coverage Required For

VOLUNTEER POLICE FORCE MEMBERS


Section 614.191.  Definition.

In this subchapter, "volunteer police force member" means:

(1)  a person summoned under Section 341.011, Local Government Code, to serve on a special police force;

(2)  a police reserve force member appointed under Section 341.012, Local Government Code; and

(3)  any other person assigned by a state agency or political subdivision to perform, without compensation, any duties typically performed by a peace officer.

Added by Acts 2007, 80th Leg., R.S., Ch. 1248, Sec. 2, eff. September 1, 2007.

Renumbered from Government Code, Section 614.121 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(42), eff. September 1, 2009.



Section 614.192.  Insurance Coverage Required.

(a) Each volunteer police force member must be insured or covered by the applicable state agency or political subdivision against any injury suffered by the police force member in the course and scope of performing the person's assigned duties at the request of or under a contract with a state agency or political subdivision.

(b)  The applicable state agency or political subdivision may satisfy the requirements of Subsection (a) by:

(1)  providing insurance coverage; or

(2)  entering into an interlocal agreement with another political subdivision providing for self-insurance.

Added by Acts 2007, 80th Leg., R.S., Ch. 1248, Sec. 2, eff. September 1, 2007.

Renumbered from Government Code, Section 614.122 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(42), eff. September 1, 2009.


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