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.