By Uher H.B. No. 2644
76R5127 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of a retired peace officer for a
1-3 license to carry a concealed handgun.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 411.199(a) and (c), Government Code, are
1-6 amended to read as follows:
1-7 (a) A person who is licensed as a peace officer under
1-8 Chapter 415 and who has been employed full-time as a peace officer
1-9 by a law enforcement agency may apply for a license under this
1-10 subchapter at any time after [on] retirement. [The application
1-11 must be made not later than the first anniversary after the date of
1-12 retirement.]
1-13 (c) The department may issue a license under this subchapter
1-14 to an applicant under this section if the applicant is honorably
1-15 retired and physically and emotionally fit to possess a handgun.
1-16 In this subsection, "honorably retired" means the applicant:
1-17 (1) did not retire in lieu of any disciplinary action;
1-18 (2) was eligible to retire from the law enforcement
1-19 agency or was ineligible to retire only as a result of an injury
1-20 received in the course of the applicant's employment with the
1-21 agency [employed as a full-time peace officer for not less than 10
1-22 years by one agency]; and
1-23 (3) is entitled to receive a pension or annuity for
1-24 service as a law enforcement officer or is not entitled to receive
2-1 a pension or annuity only because the law enforcement agency that
2-2 employed the applicant does not offer a pension or annuity to its
2-3 employees.
2-4 SECTION 2. The change in law made by this Act applies only
2-5 to an application for a license to carry a concealed handgun made
2-6 under Section 411.199, Government Code, as amended by this Act, on
2-7 or after the effective date of this Act. An application for a
2-8 license to carry a concealed handgun made under Section 411.199,
2-9 Government Code, before the effective date of this Act is covered
2-10 by the law in effect when the application was made, and the former
2-11 law is continued in effect for that purpose.
2-12 SECTION 3. This Act takes effect September 1, 1999.
2-13 SECTION 4. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.