HBA-NLM H.B. 191 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 191 By: Longoria Public Safety 4/6/1999 Introduced BACKGROUND AND PURPOSE Currently, honorably retired peace officers are prohibited from carrying a weapon upon retirement unless they fulfill the requirements of the Texas concealed weapon law. Many of these officers are proficient and experienced with weapons after many years of service and hours of training. H.B.191 allows such an officer to carry a weapon by meeting established requirements for appointment as a special retired peace officer demonstrating weapons proficiency annually, and entering into a bond agreement for indemnification purposes. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Commission on Law Enforcement Officer Standards and Education in Section 2 (Section 415.0351, Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 415, Government Code, by adding Section 415.067, as follows: Sec. 415.067. SPECIAL RETIRED PEACE OFFICERS. (a) Authorizes the Commission on Law Enforcement Officer Standards and Education (commission) to appoint as a special retired peace officer a retired officer of the Department of Public Safety (DPS) or a local law enforcement agency (agency) who is honorably retired after 15 years of service as a commissioned officer and who satisfies the weapons proficiency requirement of Section 415.0351 (Weapons Proficiency for Certain Retired Peace Officers). (b) Provides that a special retired peace officer is subject to the orders of the commission, the governor, and the agency from which the officer retired for special duty to the same extent as other law enforcement officers. Prohibits a special retired peace officer from arresting a person for a violation of Subtitle C (Rules of the Road), Title 7 (Vehicles and Traffic), Transportation Code. (c) Requires a special retired peace officer to enter into a good and sufficient bond executed by a surety company authorized to do business in the state in the amount of $2,500, that is approved by the commission and which compensates all persons against damages resulting from an unlawful act of the officer. (d) Provides that a special retired peace officer is not entitled to compensation from the state for that service. (e) Provides that a special retired peace officer commission ends January 1 of the first odd-numbered year after the appointment and is automatically renewed upon the resubmission of a bond as required under Subsection (c). Authorizes the commission to revoke a special retired peace officer commission for cause. SECTION 2. Amends Subchapter B, Chapter 415, Government Code, by adding Section 415.0351, as follows: Sec. 415.0351. WEAPONS PROFICIENCY FOR CERTAIN RETIRED PEACE OFFICERS. (a) Authorizes DPS or an agency to allow an honorably retired commissioned officer of DPS or an agency an opportunity to annually demonstrate weapons proficiency as defined under Section 415.035, if the chief law enforcement officer of the agency from which the officer retired provides the officer with a written statement that the officer's license was not revoked or suspended and the officer has no psychological or physical disability that would interfere with the proper handling of a handgun. (b) Requires DPS or an agency to issue a certificate of proficiency to a retired officer who satisfactorily demonstrates weapons proficiency under Subsection (a) and to maintain records of any retired officer issued a yearly certificate under this section. (c) Requires the commission to adopt rules for the administration of this section and to set fees for the collection by DPS or an agency of expenses incurred while performing duties under this section. SECTION 3. Amends Section 46.15, Penal Code, by adding Subsection (e) to exempt a holder of a certificate issued under Section 415.0351, Government Code, from the provisions of Section 46.02 (Unlawful Carrying Weapons), which prohibit the carrying of a handgun. SECTION 4. Amends Article 2.12, Code of Criminal Procedure, to add special retired peace officers commissioned under Section 415.067, Government Code, to the list of persons designated as peace officers. Makes conforming and nonsubstantive changes. SECTION 5. Requires the commission to adopt rules and establish fees under Section 415.0351 by January 1, 2000. SECTION 6. Effective date: September 1, 1999. SECTION 7. Emergency clause.