HBA-DMD H.B. 3430 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3430 By: Ritter Public Safety 4/21/1999 Introduced BACKGROUND AND PURPOSE Currently, the Public Safety Commission may appoint only honorably retired commissioned officers of the Department of Public Safety as special rangers. H.B. 3430 authorizes the Commission on Law Enforcement Officer Standards and Education (TCLEOSE) to appoint as a special retired peace officer, a retired officer of a local law enforcement agency who is honorably retired after no less than 20 years of service as a commissioned officer and provided that the officer satisfies a weapons proficiency requirement. In addition, this bill requires a special retired peace officer, before being issued a commission, to enter into a good and sufficient bond in the amount of $2,500 that indemnifies all persons against damages resulting from an unlawful act of the officer. This bill also provides that a special retired peace officer is not entitled to compensation from the state or a local law enforcement agency for service as a special retired peace officer. It prohibits an honorably retired commissioned officer who is a special ranger or a person who is a special retired peace officer and who has not reactivated the person's peace officer's license, from being required to undergo training. H.B. 3430 requires a local law enforcement agency to allow a special retired peace officer appointed or an applicant for appointment as a special retired peace officer, an opportunity to demonstrate weapons proficiency annually. This bill requires TCLEOSE to adopt rules for the administration of this section and to set fees that the local law enforcement agency is authorized to collect in order to recover the expenses the agency incurs in performing duties. In addition, this bill authorizes a person with an active commission as a special retired peace officer to be appointed to any position in a police department on reactivation of that person's peace officer's license. 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 3 (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 (TCLEOSE) to appoint as a special retired peace officer, a retired officer of a local law enforcement agency who is honorably retired after no less than 20 years of service as a commissioned officer and provided that the officer satisfies the weapons proficiency requirement of Section 415.0351. (b) Subjects a special retired peace officer to the orders of TCLEOSE, the governor, and the agency from which the officer retired, for special duty to the same extent as other law enforcement officers, except that a special retired peace officer is prohibited 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, before being issued a commission, to enter into a good and sufficient bond in the amount of $2,500 that indemnifies all persons against damages resulting from an unlawful act of the officer, that is executed by a surety company that is authorized to do business in this state, and is approved by TCLEOSE. (d) Provides that a special retired peace officer is not entitled to compensation from the state or a local law enforcement agency for service as a special retired peace officer under Subsection (b). (e) Provides that a special retired peace officer commission expires January 1 of the first odd-numbered year after appointment and is renewed automatically on resubmission of a bond as required under Subsection (c). Authorizes TCLEOSE to revoke a special retired peace officer commission at any time for cause. SECTION 2. Amends Section 415.034(e), Government Code, to prohibit an honorably retired commissioned officer, rather than an honorably retired commissioned officer of the Department of Public Safety, who is a special ranger under Section 411.023 (Special Rangers), Government Code, or a person who is a special retired peace officer under Section 415.067 and who has not reactivated the person's peace officer's license under Section 415.052(c) from being required to undergo training under Subsection (b). SECTION 3. 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) Requires a local law enforcement agency to allow a special retired peace officer appointed under Section 415.067 or an applicant for appointment as a special retired peace officer, an opportunity to demonstrate weapons proficiency annually as defined by TCLEOSE under Section 415.035 (Weapons Proficiency), Government Code, provided that the chief law enforcement officer of the agency from which the officer retired, provides the officer with a certain statement written within the preceding 12-month period. (b) Requires the local law enforcement agency to issue a certificate of proficiency to a special retired peace officer or an applicant for appointment as a special retired peace officer who satisfactorily demonstrates weapons proficiency under Subsection (a). Requires the agency to maintain records of any special retired peace officer or applicant who holds a certificate issued under this section. (c) Sets forth that a certificate issued under this section expires on the first anniversary of the date the certificate was issued. Provides that a certificate issued under this section has no effect other than to satisfy the weapons proficiency requirement for a special retired peace officer under Section 415.067 or an applicant for appointment as a special retired peace officer. (d) Requires TCLEOSE to adopt rules for the administration of this section and to set fees that the local law enforcement agency is authorized to collect in order to recover the expenses the agency incurs in performing duties under this section. SECTION 4. Amends Section 415.052(c), Government Code, to prohibit TCLEOSE from requiring additional training or testing to reactivate the peace officer's license of a person with an active commission as a special retired peace officer under Section 415.067. SECTION 5. Amends Subchapter B, Chapter 143, Local Government Code, by adding Section 143.0225, as follows: Sec. 143.0225. SPECIAL RETIRED PEACE OFFICERS. (a) Authorizes a person with an active commission as a special retired peace officer under Section 415.067, Government Code, to be appointed to any position in a police department on reactivation of that person's peace officer's license under Section 415.052 (Granting of License), Government Code. (b) Authorizes a special retired peace officer appointed to a position in a police department under Subsection (a) to be required to take any physical, mental, or other examination required under this chapter for the position to which that person is appointed. (c) Provides that a special retired peace officer who is appointed to a beginning position in a police department under Subsection (a) is not required to fulfill basic training requirements under Subchapter B (Education), Chapter 415 (Commission on Law Enforcement Officer Standards and Education), Government Code, and the maximum age requirements of Section 143.023 (Eligibility for Beginning Position), Government Code, do not apply to the officer. SECTION 6. Amends Section 46.15, Penal Code, by adding Subsection (e), to provide that the provision of Section 46.02 (Unlawful Carrying Weapons), Penal Code, prohibiting the carrying of a handgun does not apply to a person who was, at the time of the commission of the offense, the holder of a certificate issued under Section 415.0351, Government Code. SECTION 7. Amends Article 2.12, Code of Criminal Procedure, to include a special retired peace officers commissioned under Section 415.067, Government Code, among the enumerated list of those who are peace officers. SECTION 8. Requires TCLEOSE to adopt the rules and establish the fees required by Section 415.0351, Government Code, as added by this Act, not later than January 1, 2000. SECTION 9.Effective date: September 1, 1999. SECTION 10.Emergency clause.