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.