1-1 By: Lewis (Senate Sponsor - Barrientos) H.B. No. 1088
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 1993, read first time and referred to Committee on Criminal
1-4 Justice; May 25, 1993, reported favorably by the following vote:
1-5 Yeas 4, Nays 1; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Whitmire x
1-9 Brown x
1-10 Nelson x
1-11 Sibley x
1-12 Sims x
1-13 Turner x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to allowing certain retired peace officers to carry a
1-18 handgun.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 46.03, Penal Code, is amended by adding
1-21 Subsections (d) and (e) to read as follows:
1-22 (d) The provision of Section 46.02 of this code prohibiting
1-23 the carrying of a handgun does not apply to a person who is an
1-24 honorably retired commissioned officer of the Department of Public
1-25 Safety if the person:
1-26 (1) retired:
1-27 (A) after at least 20 years of service with the
1-28 department; or
1-29 (B) because of a disability incurred in the line
1-30 of duty with the department; and
1-31 (2) currently satisfies the requirement to annually
1-32 demonstrate weapons proficiency in the manner prescribed by Section
1-33 415.035, Government Code.
1-34 (e) The provision of Section 46.02 of this code prohibiting
1-35 the carrying of a handgun does not apply to a person who is an
1-36 honorably retired sheriff if the person:
1-37 (1) was not defeated in the last election in which the
1-38 person was a candidate for the office of sheriff;
1-39 (2) retired:
1-40 (A) after at least 20 years of service as a
1-41 sheriff; or
1-42 (B) because of a disability incurred in the line
1-43 of duty as a sheriff;
1-44 (3) was certified as a peace officer by the Commission
1-45 on Law Enforcement Officer Standards and Education; and
1-46 (4) currently satisfies the requirement to annually
1-47 demonstrate weapons proficiency, in the manner prescribed by
1-48 Section 415.035, Government Code, to a firearms proficiency officer
1-49 of the Department of Public Safety.
1-50 SECTION 2. Subchapter A, Chapter 411, Government Code, is
1-51 amended by adding Section 411.0201 to read as follows:
1-52 Sec. 411.0201. WEAPONS PROFICIENCY TESTS FOR CERTAIN
1-53 RETIREES. The department shall allow a retiree who may be eligible
1-54 to carry a handgun under Section 46.03(d) or (e), Penal Code, a
1-55 reasonable opportunity to demonstrate the required weapons
1-56 proficiency to the department's firearms proficiency officer under
1-57 Section 415.035.
1-58 SECTION 3. The importance of this legislation and the
1-59 crowded condition of the calendars in both houses create an
1-60 emergency and an imperative public necessity that the
1-61 constitutional rule requiring bills to be read on three several
1-62 days in each house be suspended, and this rule is hereby suspended,
1-63 and that this Act take effect and be in force from and after its
1-64 passage, and it is so enacted.
1-65 * * * * *
1-66 Austin,
1-67 Texas
1-68 May 25, 1993
2-1 Hon. Bob Bullock
2-2 President of the Senate
2-3 Sir:
2-4 We, your Committee on Criminal Justice to which was referred H.B.
2-5 No. 1088, have had the same under consideration, and I am
2-6 instructed to report it back to the Senate with the recommendation
2-7 that it do pass and be printed.
2-8 Whitmire,
2-9 Chairman
2-10 * * * * *
2-11 WITNESSES
2-12 FOR AGAINST ON
2-13 ___________________________________________________________________
2-14 Name: Mario Martinez x
2-15 Representing: Tx St Troopers Assoc
2-16 City: Austin
2-17 -------------------------------------------------------------------
2-18 Name: Mark Clark x
2-19 Representing: CLEAT
2-20 City: Austin
2-21 -------------------------------------------------------------------