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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 78(R)

SENATE BILL 117  

SENATE AUTHOR: Staples

EFFECTIVE: 9-1-03           

HOUSE SPONSOR: Hope

            Senate Bill 117 amends the Occupations Code to authorize the head of a state or local law enforcement agency to allow certain honorably retired peace officers to demonstrate weapons proficiency if the officer provides a sworn affidavit stating that the officer was honorably retired after not less than 20 years of service; the officer's license was not revoked or suspended during that time; and the officer has no psychological or physical disability that would interfere with the proper handling of a handgun. The bill requires the agency to establish procedures for the issuance or denial of a proficiency certificate and allows an agency to set and collect fees for expenses incurred for the issuance of the certificate. The bill requires a county law enforcement agency to obtain approval from its commissioners court for the proficiency program and for the amount of fees charged. In addition, the bill authorizes a state law enforcement agency to allow an honorably retired federal criminal investigator to also apply for the weapons proficiency certificate, subject to the same requirements as retired peace officers.

            The bill amends the Penal Code to exempt honorably retired peace officers or federal criminal investigators who hold a certificate of proficiency from certain provisions relating to carrying weapons and places where weapons are prohibited.