By Reyna, Moffat                                      H.B. No. 1103
       74R4480 PEP-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to authorizing 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 46.02, Penal Code, is amended by adding
    1-6  Subsection (g) to read as follows:
    1-7        (g)  It is a defense to prosecution under this section for
    1-8  the offense of carrying a handgun that the actor was, at the time
    1-9  of the commission of the offense, a retired peace officer who is
   1-10  the holder of a certificate issued under Section 415.0351,
   1-11  Government Code.
   1-12        SECTION 2.  Subchapter B, Chapter 415, Government Code, is
   1-13  amended by adding Section 415.0351 to read as follows:
   1-14        Sec. 415.0351.  WEAPONS PROFICIENCY FOR CERTAIN RETIRED PEACE
   1-15  OFFICERS.  (a)  The Department of Public Safety or a local law
   1-16  enforcement agency shall allow an honorably retired commissioned
   1-17  officer of the department or agency an opportunity to annually
   1-18  demonstrate weapons proficiency as defined by the commission under
   1-19  Section 415.035 if the chief law enforcement officer of the agency
   1-20  from which the officer retired provides the officer with a written
   1-21  statement indicating that:
   1-22              (1)  the officer's license as a commissioned officer
   1-23  was not revoked or suspended for any period during the officer's
   1-24  term of service as a commissioned officer; and
    2-1              (2)  the officer has no psychological or physical
    2-2  disability that would interfere with the officer's proper handling
    2-3  of a handgun.
    2-4        (b)  The department or agency shall issue a certificate of
    2-5  proficiency to a retired officer who satisfactorily demonstrates
    2-6  weapons proficiency under Subsection (a).  The department or agency
    2-7  shall maintain records of any retired officer who holds a
    2-8  certificate issued under this section.  A certificate issued under
    2-9  this section expires on the first anniversary of the date the
   2-10  certificate was issued.
   2-11        (c)  The commission shall adopt rules for the administration
   2-12  of this section and set fees that the department or agency may
   2-13  collect to recover the expenses the department or agency incurs in
   2-14  performing duties under this section.
   2-15        SECTION 3.  The Commission on Law Enforcement Officer
   2-16  Standards and Education shall adopt the rules and establish the
   2-17  fees required by Section 415.0351, Government Code, as added by
   2-18  this Act, not later than January 1, 1996.
   2-19        SECTION 4.  This Act takes effect September 1, 1995.
   2-20        SECTION 5.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended.