By Lewis of Orange                                     H.B. No. 862
       74R1351 PEP-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to allowing certain retired commissioned officers of the
    1-3  Department of Public Safety to carry a handgun.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 46.02, Penal Code, is amended by adding a
    1-6  new Subsection (e), relettering and amending existing Subsection
    1-7  (e) as Subsection (f), and relettering existing Subsection (f) as
    1-8  Subsection (g) to read as follows:
    1-9        (e)  It is a defense to prosecution under this section for
   1-10  the offense of carrying a handgun that the actor was, at the time
   1-11  of the commission of the offense, an honorably retired commissioned
   1-12  officer of the Department of Public Safety who:
   1-13              (1)  retired:
   1-14                    (A)  after at least 20 years of service with the
   1-15  department; or
   1-16                    (B)  because of a disability incurred in the line
   1-17  of duty with the department; and
   1-18              (2)  currently satisfies the requirement to annually
   1-19  demonstrate weapons proficiency in the manner prescribed by Section
   1-20  415.035, Government Code.
   1-21        (f)  Except as provided by Subsection (g) <(f)>, an offense
   1-22  under this section is a Class A misdemeanor.
   1-23        (g) <(f)>  An offense under this section is a felony of the
   1-24  third degree if the offense is committed on any premises licensed
    2-1  or issued a permit by this state for the sale of alcoholic
    2-2  beverages.
    2-3        SECTION 2.  Subchapter A, Chapter 411, Government Code, is
    2-4  amended by adding Section 411.0201 to read as follows:
    2-5        Sec. 411.0201.  WEAPONS PROFICIENCY TESTS FOR CERTAIN
    2-6  RETIREES.  The department shall allow a retiree who may be eligible
    2-7  to carry a handgun under Section 46.02(e), Penal Code, a reasonable
    2-8  opportunity to demonstrate the required weapons proficiency to the
    2-9  department's firearms proficiency officer under Section 415.035.
   2-10        SECTION 3.  This Act takes effect September 1, 1995.
   2-11        SECTION 4.  The importance of this legislation and the
   2-12  crowded condition of the calendars in both houses create an
   2-13  emergency and an imperative public necessity that the
   2-14  constitutional rule requiring bills to be read on three several
   2-15  days in each house be suspended, and this rule is hereby suspended.