85R3267 PAM-D By: Wu H.B. No. 683 A BILL TO BE ENTITLED AN ACT relating to the creation of the offense of possession or use of law enforcement identification, insignia, or vehicles in certain populous municipalities and the clarification of the offenses of false identification as a peace officer and misrepresentation of property. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 341.904(b), Local Government Code, is amended to read as follows: (b) In a municipality with a population of 750,000 [1.18 million] or more [located primarily in a county with a population of 2 million or more], a person commits an offense if the person intentionally or knowingly: (1) uses, possesses, or wears: (A) a police identification item of the municipal police department; (B) an item bearing the insignia or design prescribed by the police chief of the municipality for officers and employees of the municipal police department to use while engaged in official activities; or (C) within the municipal police department's jurisdiction, an item that is deceptively similar to a police identification item of the department; (2) uses, within the municipal police department's jurisdiction, the name of the department in connection with an object to create the appearance that the object belongs to or is used by the department; or (3) uses, possesses, or operates, within the municipal police department's jurisdiction, a marked patrol vehicle that is deceptively similar to a department patrol vehicle. SECTION 2. Section 37.12, Penal Code, is amended by amending Subsections (a) and (d) and adding Subsection (c-1) to read as follows: (a) A person commits an offense if: (1) the person makes, provides to another person, or possesses a card, document, badge, insignia, shoulder emblem, or other item, including a vehicle, bearing an insignia of a law enforcement agency that identifies a person as a peace officer or a reserve law enforcement officer; and (2) the person who makes, provides, or possesses the item bearing the insignia knows that the person so identified by the item is not commissioned as a peace officer or reserve law enforcement officer as indicated on the item. (c-1) For purposes of this section, an item bearing an insignia of a law enforcement agency includes an item that contains the word "police," "sheriff," "constable," "trooper," "ranger," "agent," or any other designation commonly used by law enforcement agencies in this state. (d) A person commits an offense if the person intentionally or knowingly misrepresents an object, including a vehicle, as property belonging to a law enforcement agency. SECTION 3. Section 37.12, Penal Code, as amended by this Act, is a clarification of existing law and does not imply that existing law may be construed as inconsistent with the law as amended by this Act. SECTION 4. This Act takes effect September 1, 2017.