By Lewis                                              H.B. No. 1088
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to allowing certain retired  peace officers to carry a
    1-3  handgun.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 46.03, Penal Code, is amended by adding
    1-6  Subsections (d) and (e) to read as follows:
    1-7        (d)  The provision of Section 46.02 of this code prohibiting
    1-8  the carrying of a handgun does not apply to a person who is an
    1-9  honorably retired commissioned officer of the Department of Public
   1-10  Safety if the person:
   1-11              (1)  retired:
   1-12                    (A)  after at least 20 years of service with the
   1-13  department; or
   1-14                    (B)  because of a disability incurred in the line
   1-15  of duty with the department; and
   1-16              (2)  currently satisfies the requirement to annually
   1-17  demonstrate weapons proficiency in the manner prescribed by Section
   1-18  415.035, Government Code.
   1-19        (e)  The provision of Section 46.02 of this code prohibiting
   1-20  the carrying of a handgun does not apply to a person who is an
   1-21  honorably retired sheriff if the person:
   1-22              (1)  was not defeated in the last election in which the
   1-23  person was a candidate for the office of sheriff;
   1-24              (2)  retired:
    2-1                    (A)  after at least 20 years of service as a
    2-2  sheriff; or
    2-3                    (B)  because of a disability incurred in the line
    2-4  of duty as a sheriff;
    2-5              (3)  was certified as a peace officer by the Commission
    2-6  on Law Enforcement Officer Standards and Education; and
    2-7              (4)  currently satisfies the requirement to annually
    2-8  demonstrate weapons proficiency, in the manner prescribed by
    2-9  Section 415.035, Government Code, to a firearms proficiency officer
   2-10  of the Department of Public Safety.
   2-11        SECTION 2.  Subchapter A, Chapter 411, Government Code, is
   2-12  amended by adding Section 411.0201 to read as follows:
   2-13        Sec. 411.0201.  WEAPONS PROFICIENCY TESTS FOR CERTAIN
   2-14  RETIREES.  The department shall allow a retiree who may be eligible
   2-15  to carry a handgun under Section 46.03(d) or (e), Penal Code, a
   2-16  reasonable opportunity to demonstrate the required weapons
   2-17  proficiency to the department's firearms proficiency officer under
   2-18  Section 415.035.
   2-19        SECTION 3.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended,
   2-24  and that this Act take effect and be in force from and after its
   2-25  passage, and it is so enacted.