By: Wentworth S.B. No. 254
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain retired peace officers and supervision officers
1-2 and their authorization to carry weapons.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 46.02, Penal Code, is amended by amending
1-5 Subsection (b) and by adding Subsection (g) to read as follows:
1-6 (b) It is a defense to prosecution under this section that
1-7 the actor was, at the time of the commission of the offense:
1-8 (1) in the actual discharge of his official duties as
1-9 a member of the armed forces or state military forces as defined by
1-10 Section 431.001, Government Code, or as a guard employed by a penal
1-11 institution;
1-12 (2) on his own premises or premises under his control
1-13 unless he is an employee or agent of the owner of the premises and
1-14 his primary responsibility is to act in the capacity of a security
1-15 guard to protect persons or property, in which event he must comply
1-16 with Subdivision (5);
1-17 (3) traveling;
1-18 (4) engaging in lawful hunting, fishing, or other
1-19 sporting activity on the immediate premises where the activity is
1-20 conducted, or was directly en route between the premises and the
1-21 actor's residence, if the weapon is a type commonly used in the
1-22 activity;
1-23 (5) a person who holds a security officer commission
1-24 issued by the Texas Board of Private Investigators and Private
2-1 Security Agencies, if:
2-2 (A) he is engaged in the performance of his
2-3 duties as a security officer or traveling to and from his place of
2-4 assignment;
2-5 (B) he is wearing a distinctive uniform; and
2-6 (C) the weapon is in plain view; <or>
2-7 (6) a peace officer, other than a person commissioned
2-8 by the Texas State Board of Pharmacy; or
2-9 (7) a supervision officer who:
2-10 (A) is employed by a community supervision and
2-11 corrections department under Article 42.131, Code of Criminal
2-12 Procedure;
2-13 (B) is authorized to carry a weapon by the
2-14 director of the department and the judges participating in the
2-15 supervision and administration of the department; and
2-16 (C) possesses a certificate of firearms
2-17 proficiency issued by the Commission on Law Enforcement Officer
2-18 Standards and Education under Section 415.038, Government Code.
2-19 (g) It is a defense to prosecution under this section for
2-20 the offense of carrying a handgun that the actor was, at the time
2-21 of the commission of the offense, a retired peace officer who is
2-22 the holder of a certificate issued under Section 415.0351,
2-23 Government Code.
2-24 SECTION 2. Subchapter B, Chapter 415, Government Code, is
2-25 amended by adding Section 415.038 to read as follows:
2-26 Sec. 415.038. FIREARMS PROFICIENCY; SUPERVISION OFFICERS.
2-27 (a) The commission and the community justice assistance division
3-1 of the Texas Department of Criminal Justice shall adopt a
3-2 memorandum of understanding that establishes their respective
3-3 responsibilities in developing a basic training program in the use
3-4 of firearms by supervision officers. The memorandum of
3-5 understanding must establish a program that provides instruction
3-6 in:
3-7 (1) legal limitations on the use of firearms and on
3-8 the powers and authority of supervision officers;
3-9 (2) range firing and procedure and firearms safety and
3-10 maintenance; and
3-11 (3) other topics determined by the commission and the
3-12 division to be necessary for the responsible use of firearms by
3-13 supervision officers.
3-14 (b) The commission and the division by rule shall adopt the
3-15 memorandum of understanding establishing the basic training
3-16 program.
3-17 (c) The commission shall administer the training program and
3-18 shall issue a certificate of firearms proficiency to each
3-19 supervision officer the commission determines has successfully
3-20 completed the program described by Subsection (a).
3-21 (d) The commission may establish reasonable and necessary
3-22 fees for the administration of this section.
3-23 SECTION 3. Subchapter C, Chapter 415, Government Code, is
3-24 amended by adding Section 415.067 to read as follows:
3-25 Sec. 415.067. SPECIAL RETIRED PEACE OFFICERS. (a) A law
3-26 enforcement agency may appoint as a special retired peace officer a
3-27 retired officer of the Department of Public Safety or a local law
4-1 enforcement agency who:
4-2 (1) is honorably retired after not less than 15 years
4-3 of service as a commissioned officer; and
4-4 (2) satisfies the weapons proficiency requirement of
4-5 Section 415.0351.
4-6 (b) A special retired peace officer is subject to the orders
4-7 of the appointing agency, the governor, and the agency from which
4-8 the officer retired for special duty to the same extent as other
4-9 law enforcement officers, except that a special retired peace
4-10 officer may not arrest a person for a violation of the Uniform Act
4-11 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
4-12 Statutes).
4-13 (c) Before issuance of a commission to a special retired
4-14 peace officer, the officer shall enter into a good and sufficient
4-15 bond that is executed by a surety company authorized to do business
4-16 in the state in the amount of $2,500, that is approved by the
4-17 commission, and that indemnifies all persons against damages
4-18 resulting from an unlawful act of the officer.
4-19 (d) A special retired peace officer is not entitled to
4-20 compensation from the state for service as a special retired peace
4-21 officer.
4-22 (e) A special retired peace officer commission expires
4-23 January 1 of the first odd-numbered year after appointment and is
4-24 renewed automatically on resubmission of a bond as required under
4-25 Subsection (c). The appointing agency may revoke a special retired
4-26 peace officer commission at any time for cause.
4-27 SECTION 4. Subchapter B, Chapter 415, Government Code, is
5-1 amended by adding Section 415.0351 to read as follows:
5-2 Sec. 415.0351. WEAPONS PROFICIENCY FOR CERTAIN RETIRED PEACE
5-3 OFFICERS. (a) The Department of Public Safety or a local law
5-4 enforcement agency shall allow an honorably retired commissioned
5-5 officer of the department or agency an opportunity to demonstrate
5-6 annually weapons proficiency as defined by the commission under
5-7 Section 415.035 if the chief law enforcement officer of the agency
5-8 from which the officer retired provides the officer with a written
5-9 statement indicating that:
5-10 (1) the officer's license as a commissioned officer
5-11 was not revoked or suspended for any period during the officer's
5-12 term of service as a commissioned officer; and
5-13 (2) the officer has no psychological or physical
5-14 disability that would interfere with the officer's proper handling
5-15 of a handgun.
5-16 (b) The department or agency shall issue a certificate of
5-17 proficiency to a retired officer who satisfactorily demonstrates
5-18 weapons proficiency under Subsection (a). The department or agency
5-19 shall maintain records of any retired officer who holds a
5-20 certificate issued under this section. A certificate issued under
5-21 this section expires on the first anniversary of the date the
5-22 certificate was issued.
5-23 (c) The commission shall adopt rules for the administration
5-24 of this section and set fees that the department or agency may
5-25 collect to recover the expenses the department or agency incurs in
5-26 performing duties under this section.
5-27 SECTION 5. Article 2.12, Code of Criminal Procedure, as
6-1 amended by Chapters 339, 695, and 912, Acts of the 73rd
6-2 Legislature, 1993, is amended to read as follows:
6-3 Art. 2.12. Who are peace officers. The following are peace
6-4 officers:
6-5 (1) sheriffs and their deputies;
6-6 (2) constables and deputy constables;
6-7 (3) marshals or police officers of an incorporated
6-8 city, town, or village;
6-9 (4) rangers and officers commissioned by the Public
6-10 Safety Commission and the Director of the Department of Public
6-11 Safety;
6-12 (5) investigators of the district attorneys', criminal
6-13 district attorneys', and county attorneys' offices;
6-14 (6) law enforcement agents of the Texas Alcoholic
6-15 Beverage Commission;
6-16 (7) each member of an arson investigating unit
6-17 commissioned by a city, a county, or the state;
6-18 (8) officers commissioned under Section 21.483,
6-19 Education Code, or Subchapter E, Chapter 51, Education Code;
6-20 (9) officers commissioned by the General Services
6-21 Commission;
6-22 (10) law enforcement officers commissioned by the
6-23 Parks and Wildlife Commission;
6-24 (11) airport police officers commissioned by a city
6-25 with a population of more than one million, according to the most
6-26 recent federal census, that operates an airport that serves
6-27 commercial air carriers;
7-1 (12) airport security personnel commissioned as peace
7-2 officers by the governing body of any political subdivision of this
7-3 state, other than a city described by Subdivision (11), that
7-4 operates an airport that serves commercial air carriers;
7-5 (13) municipal park and recreational patrolmen and
7-6 security officers;
7-7 (14) security officers commissioned as peace officers
7-8 by the State Treasurer;
7-9 (15) officers commissioned by a water control and
7-10 improvement district under Section 51.132, Water Code;
7-11 (16) officers commissioned by a board of trustees
7-12 under Chapter 341, Acts of the 57th Legislature, Regular Session,
7-13 1961 (Article 1187f, Vernon's Texas Civil Statutes);
7-14 (17) investigators commissioned by the Texas State
7-15 Board of Medical Examiners;
7-16 (18) officers commissioned by the board of managers of
7-17 the Dallas County Hospital District, the Tarrant County Hospital
7-18 District, or the Bexar County Hospital District under Section
7-19 281.057, Health and Safety Code;
7-20 (19) county park rangers commissioned under Subchapter
7-21 E, Chapter 351, Local Government Code;
7-22 (20) investigators employed by the Texas Racing
7-23 Commission;
7-24 (21) officers commissioned by the State Board of
7-25 Pharmacy;
7-26 (22) officers commissioned by the governing body of a
7-27 metropolitan rapid transit authority under Section 13, Chapter 141,
8-1 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
8-2 Vernon's Texas Civil Statutes), or by a regional transportation
8-3 authority under Section 10, Chapter 683, Acts of the 66th
8-4 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
8-5 Civil Statutes);
8-6 (23) officers commissioned by the Texas High-Speed
8-7 Rail Authority;
8-8 (24) investigators commissioned by the attorney
8-9 general under Section 402.009, Government Code;
8-10 (25) security officers and investigators commissioned
8-11 as peace officers under Chapter 466, Government Code; <and>
8-12 (26) an officer employed by the Texas Department of
8-13 Health under Section 431.2471, Health and Safety Code;<.>
8-14 (27) <(26)> officers appointed by an appellate court
8-15 under Subchapter F, Chapter 53, Government Code;<.>
8-16 (28) <(26)> officers commissioned by the state fire
8-17 marshal under Chapter 417, Government Code; and
8-18 (29) special retired peace officers commissioned under
8-19 Section 415.067, Government Code.
8-20 SECTION 6. The Commission on Law Enforcement Officer
8-21 Standards and Education and the community justice assistance
8-22 division of the Texas Department of Criminal Justice shall adopt
8-23 the rules and memorandum of understanding and establish the fees
8-24 required by this Act, not later than January 1, 1996.
8-25 SECTION 7. This Act takes effect September 1, 1995.
8-26 SECTION 8. The importance of this legislation and the
8-27 crowded condition of the calendars in both houses create an
9-1 emergency and an imperative public necessity that the
9-2 constitutional rule requiring bills to be read on three several
9-3 days in each house be suspended, and this rule is hereby suspended.