By Seaman H.B. No. 1381 75R4113 JMC-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the eligibility of certain elected or appointed peace 1-3 officers for a concealed handgun license. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article 4413(29ee), Revised Statutes, is amended 1-6 by adding Section 28A to read as follows: 1-7 Sec. 28A. CERTAIN ELECTED OR APPOINTED PEACE OFFICERS. 1-8 (a) A person who has served full-time as an elected or appointed 1-9 peace officer in an office of a law enforcement agency may apply 1-10 for a license under this article on leaving office if the person: 1-11 (1) is licensed as a peace officer under Chapter 415, 1-12 Government Code; or 1-13 (2) was elected or appointed to office before the 1-14 enactment of Section 415.053, Government Code. 1-15 (b) An application under Subsection (a) must be made not 1-16 later than the first anniversary of the date on which the person 1-17 leaves office. 1-18 (c) The person shall submit two complete sets of legible and 1-19 classifiable fingerprints and a sworn statement from the head of 1-20 the law enforcement agency in which the applicant served. The 1-21 statement must include: 1-22 (1) the name of the applicant and rank of the 1-23 applicant immediately before leaving office; 1-24 (2) the status of the applicant before leaving office; 2-1 (3) whether or not the applicant was accused of 2-2 misconduct at the time of leaving office; 2-3 (4) the physical and mental condition of the 2-4 applicant; 2-5 (5) whether the applicant would be eligible for 2-6 reelection or reappointment to office and, if not, the reasons the 2-7 applicant is not eligible; and 2-8 (6) a recommendation from the agency head regarding 2-9 the issuance of a license under this article. 2-10 (d) The department may issue a license under this section if 2-11 the applicant: 2-12 (1) is physically and emotionally fit to possess a 2-13 handgun; 2-14 (2) demonstrates, for the category of weapon for which 2-15 the applicant seeks licensure, the proficiency required of an 2-16 employed peace officer under Section 415.035, Government Code; 2-17 (3) did not leave office in lieu of any disciplinary 2-18 action; 2-19 (4) served full-time as an elected or appointed peace 2-20 officer of one agency for not less than 10 years; and 2-21 (5) is entitled to receive a pension or annuity for 2-22 service as a peace officer of a law enforcement agency. 2-23 (e) An applicant shall pay a fee of $25 for a license issued 2-24 under this section. 2-25 (f) To hold a license issued under this section the peace 2-26 officer must annually demonstrate, for the category of weapon 2-27 licensed, the proficiency required of an employed peace officer 3-1 under Section 415.035, Government Code. The department or a local 3-2 law enforcement agency shall allow the officer an opportunity to 3-3 demonstrate the proficiency required to obtain a license under this 3-4 article and an opportunity to annually demonstrate the proficiency 3-5 required to hold or renew that license. The department or agency 3-6 shall report the officer's proficiency examination results to the 3-7 department. 3-8 (g) A license issued under this section expires as provided 3-9 by Section 9 of this article. 3-10 SECTION 2. The change in law made by this Act applies to a 3-11 person who leaves office before, on, or after the effective date of 3-12 this Act. A person who is eligible for a license under Section 3-13 28A, Article 4413(29ee), Revised Statutes, as added by this Act, 3-14 and who leaves office before the effective date of this Act may 3-15 apply for a license under Section 28A, Article 4413(29ee), Revised 3-16 Statutes, not later than the first anniversary after the effective 3-17 date of this Act, regardless of the date on which the person leaves 3-18 office. 3-19 SECTION 3. The importance of this legislation and the 3-20 crowded condition of the calendars in both houses create an 3-21 emergency and an imperative public necessity that the 3-22 constitutional rule requiring bills to be read on three several 3-23 days in each house be suspended, and this rule is hereby suspended, 3-24 and that this Act take effect and be in force from and after its 3-25 passage, and it is so enacted.