By Holzheauser                                        H.B. No. 3486

         75R7542 PEP-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the right of certain licensed peace officers to carry a

 1-3     concealed handgun.

 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.  ACTIVE PEACE OFFICERS.  (a)  A person who is

 1-8     licensed as a peace officer under Chapter 415, Government Code, and

 1-9     is employed full time as a peace officer by a law enforcement

1-10     agency may apply for a license under this article.  The person

1-11     shall submit to the department two complete sets of legible and

1-12     classifiable fingerprints and a sworn statement of the head of the

1-13     law enforcement agency employing the applicant.  The statement must

1-14     include:

1-15                 (1)  the name and rank of the applicant;

1-16                 (2)  whether the applicant has been accused of

1-17     misconduct at any time during the applicant's period of employment

1-18     with the agency and the disposition of that accusation;

1-19                 (3)  a description of the physical and mental condition

1-20     of the applicant;

1-21                 (4)  a list of the types of weapons the applicant has

1-22     demonstrated proficiency with during the preceding year; and

1-23                 (5)  a recommendation from the agency head that a

1-24     license be issued to the person under this article.

 2-1           (b)  The department may issue a license under this article to

 2-2     an applicant under this section if the statement from the head of

 2-3     the law enforcement agency employing the applicant complies with

 2-4     Subsection (a) of this section and indicates that the applicant is

 2-5     qualified and physically and mentally fit to carry a handgun.

 2-6           (c)  An applicant under this section shall pay a fee of $25

 2-7     for a license issued under this article.

 2-8           (d)  A license issued under this section expires as provided

 2-9     by Section 9 of this article.

2-10           SECTION 2.  This Act takes effect September 1, 1997.

2-11           SECTION 3.  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.