By Ritter                                             H.B. No. 3430
         76R14374 E                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to commissions for certain retired peace officers, the
 1-3     authority of those officers to carry handguns, and the ability of
 1-4     those officers to return to duty.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter C, Chapter 415, Government Code, is
 1-7     amended by adding Section 415.067 to read as follows:
 1-8           Sec. 415.067.  SPECIAL RETIRED PEACE OFFICERS.  (a)  The
 1-9     commission may appoint as a special retired peace officer an
1-10     officer of a municipal police department, a sheriff's department,
1-11     or a constable's department:
1-12                 (1)  who is:
1-13                       (A)  honorably retired after not less than 20
1-14     years of service as a commissioned officer; or
1-15                       (B)  eligible to receive a pension on account of
1-16     the person's service as a commissioned officer;
1-17                 (2)  whose officer's license as a commissioned officer
1-18     was not revoked or suspended for any period during the officer's
1-19     term of service as a commissioned officer;
1-20                 (3)  who has no psychological or physical disability
1-21     that would interfere with the officer's proper handling of a
1-22     handgun; and
1-23                 (4)  who obtains a weapons proficiency certificate
1-24     under Section 415.0351 or a handgun proficiency certificate under
 2-1     Section 411.189.
 2-2           (b)  A special retired peace officer is subject to the orders
 2-3     of the commission, the governor, and the department from which the
 2-4     officer retired for special duty to the same extent as other law
 2-5     enforcement officers, except that a special retired peace officer
 2-6     may only enforce a law designed to protect life and property and
 2-7     may not enforce Subtitle C, Title 7, Transportation Code.
 2-8           (c)  Before issuance of a commission to a special retired
 2-9     peace officer, the officer shall enter into a good and sufficient
2-10     bond in the amount of $2,500 that:
2-11                 (1)  indemnifies all persons against damages resulting
2-12     from an unlawful act of the officer;
2-13                 (2)  is executed by a surety company that is authorized
2-14     to do business in this state; and
2-15                 (3)  is approved by the commission.
2-16           (d)  A department from which a special retired peace officer
2-17     retired may be liable for an unlawful act of that officer only when
2-18     the officer has been called by the department for special duty
2-19     under Subsection (b).
2-20           (e)  A special retired peace officer is not entitled to
2-21     compensation from the state or the department from which the
2-22     officer retired for service as a special retired peace officer
2-23     under Subsection (b).
2-24           (f)  A special retired peace officer commission expires on
2-25     January 1 of the first odd-numbered year after appointment and on
2-26     January 1 of each subsequent year.  The commission is renewed
2-27     automatically on resubmission of a bond as required under
 3-1     Subsection (c).  The commission may revoke a special retired peace
 3-2     officer commission at any time for cause.
 3-3           SECTION 2.  Section 415.034(e), Government Code, is amended
 3-4     to read as follows:
 3-5           (e)  An honorably retired commissioned officer of the
 3-6     Department of Public Safety who is a special ranger under Section
 3-7     411.023 or a person who is a special retired peace officer under
 3-8     Section 415.067 may not be required to undergo training under
 3-9     Subsection (b).
3-10           SECTION 3.  Subchapter B, Chapter 415, Government Code, is
3-11     amended by adding Section 415.0351 to read as follows:
3-12           Sec. 415.0351.  WEAPONS PROFICIENCY FOR CERTAIN RETIRED PEACE
3-13     OFFICERS.  (a)  A state or local law enforcement agency may allow a
3-14     special retired peace officer appointed under Section 415.067 or an
3-15     applicant for appointment as a special retired peace officer an
3-16     opportunity to demonstrate annually weapons proficiency as defined
3-17     by the commission under Section 415.035.
3-18           (b)  A state or local law enforcement agency shall issue a
3-19     certificate of proficiency to a special retired peace officer or an
3-20     applicant for appointment as a special retired peace officer who
3-21     satisfactorily demonstrates weapons proficiency under Subsection
3-22     (a).  The agency shall maintain records of any special retired
3-23     peace officer or applicant who holds a certificate issued under
3-24     this section.
3-25           (c)  A certificate issued under this section expires on the
3-26     first anniversary of the date the certificate was issued.  A
3-27     certificate issued under this section has no effect other than to
 4-1     satisfy the weapons proficiency requirement for a special retired
 4-2     peace officer under Section 415.067 or an applicant for appointment
 4-3     as a special retired peace officer.
 4-4           (d)  The commission shall adopt all rules necessary for the
 4-5     administration of this section and set fees a state or local law
 4-6     enforcement agency may collect to recover the expenses the agency
 4-7     incurs in performing duties under this section.
 4-8           SECTION 4.  Section 415.052(c), Government Code, is amended
 4-9     to read as follows:
4-10           (c)  The commission shall adopt rules relating to
4-11     requirements for reactivation of a peace officer's license after a
4-12     break in employment.  The commission may consider employment as a
4-13     peace officer in another state in determining whether a person is
4-14     required to have additional training or testing.  The commission
4-15     may not require additional training or testing to reactivate the
4-16     peace officer's license of a person with an active commission as a
4-17     special retired peace officer under Section 415.067.  The
4-18     commission shall adopt rules establishing a list of active licensed
4-19     peace officers and a list of inactive licensed peace officers who
4-20     leave the employment of a law enforcement agency.
4-21           SECTION 5.  Subchapter B, Chapter 143, Local Government Code,
4-22     is amended by adding Section 143.0225 to read as follows:
4-23           Sec. 143.0225.  SPECIAL RETIRED PEACE OFFICERS.  (a)  A
4-24     person with an active commission as a special retired peace officer
4-25     under Section 415.067, Government Code, may be appointed to any
4-26     position in a police department on reactivation of that person's
4-27     peace officer's license under Section 415.052, Government Code.
 5-1           (b)  A special retired peace officer appointed to a position
 5-2     in a police department under Subsection (a) may be required to take
 5-3     any physical, mental, or other examination required under this
 5-4     chapter for the position to which that person is appointed.
 5-5           (c)  A special retired peace officer who is appointed to a
 5-6     beginning position in a police department under Subsection (a) is
 5-7     not required to fulfill basic training requirements under
 5-8     Subchapter B, Chapter 415, Government Code, and the maximum age
 5-9     requirements of Section 143.023 do not apply to the officer.
5-10           SECTION 6.  Section 46.15, Penal Code, is amended by adding
5-11     Subsection (e) to read as follows:
5-12           (e)  The provision of Section 46.02 prohibiting the carrying
5-13     of a handgun does not apply to a person who, at the time of the
5-14     commission of the offense, holds a commission as a special retired
5-15     peace officer under Section 415.067, Government Code.
5-16           SECTION 7.  Article 2.12, Code of Criminal Procedure, is
5-17     amended to read as follows:
5-18           Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
5-19     officers:
5-20                 (1)  sheriffs and their deputies;
5-21                 (2)  constables and deputy constables;
5-22                 (3)  marshals or police officers of an incorporated
5-23     city, town, or village;
5-24                 (4)  rangers and officers commissioned by the Public
5-25     Safety Commission and the Director of the Department of Public
5-26     Safety;
5-27                 (5)  investigators of the district attorneys', criminal
 6-1     district attorneys', and county attorneys' offices;
 6-2                 (6)  law enforcement agents of the Texas Alcoholic
 6-3     Beverage Commission;
 6-4                 (7)  each member of an arson investigating unit
 6-5     commissioned by a city, a county, or the state;
 6-6                 (8)  officers commissioned under Section 37.081,
 6-7     Education Code, or Subchapter E, Chapter 51, Education Code;
 6-8                 (9)  officers commissioned by the General Services
 6-9     Commission;
6-10                 (10)  law enforcement officers commissioned by the
6-11     Parks and Wildlife Commission;
6-12                 (11)  airport police officers commissioned by a city
6-13     with a population of more than one million, according to the most
6-14     recent federal census, that operates an airport that serves
6-15     commercial air carriers;
6-16                 (12)  airport security personnel commissioned as peace
6-17     officers by the governing body of any political subdivision of this
6-18     state, other than a city described by Subdivision (11), that
6-19     operates an airport that serves commercial air carriers;
6-20                 (13)  municipal park and recreational patrolmen and
6-21     security officers;
6-22                 (14)  security officers commissioned as peace officers
6-23     by the comptroller;
6-24                 (15)  officers commissioned by a water control and
6-25     improvement district under Section 49.216, Water Code;
6-26                 (16)  officers commissioned by a board of trustees
6-27     under Chapter 341, Acts of the 57th Legislature, Regular Session,
 7-1     1961 (Article 1187f, Vernon's Texas Civil Statutes);
 7-2                 (17)  investigators commissioned by the Texas State
 7-3     Board of Medical Examiners;
 7-4                 (18)  officers commissioned by the board of managers of
 7-5     the Dallas County Hospital District, the Tarrant County Hospital
 7-6     District, or the Bexar County Hospital District under Section
 7-7     281.057, Health and Safety Code;
 7-8                 (19)  county park rangers commissioned under Subchapter
 7-9     E, Chapter 351, Local Government Code;
7-10                 (20)  investigators employed by the Texas Racing
7-11     Commission;
7-12                 (21)  officers commissioned by the State Board of
7-13     Pharmacy;
7-14                 (22)  officers commissioned by the governing body of a
7-15     metropolitan rapid transit authority under Section 451.108,
7-16     Transportation Code, or by a regional transportation authority
7-17     under Section 452.110, Transportation Code;
7-18                 (23)  investigators commissioned by the attorney
7-19     general under Section 402.009, Government Code;
7-20                 (24)  security officers and investigators commissioned
7-21     as peace officers under Chapter 466, Government Code;
7-22                 (25)  an officer employed by the Texas Department of
7-23     Health under Section 431.2471, Health and Safety Code;
7-24                 (26)  officers appointed by an appellate court under
7-25     Subchapter F, Chapter 53, Government Code;
7-26                 (27)  officers commissioned by the state fire marshal
7-27     under Chapter 417, Government Code;
 8-1                 (28)  an investigator commissioned by the commissioner
 8-2     of insurance under Article 1.10D, Insurance Code;  [and]
 8-3                 (29)  apprehension specialists commissioned by the
 8-4     Texas Youth Commission as officers under Section 61.0931, Human
 8-5     Resources Code; and
 8-6                 (30)  special retired peace officers commissioned under
 8-7     Section 415.067, Government Code.
 8-8           SECTION 8.  The Commission on Law Enforcement Officer
 8-9     Standards and Education shall adopt the rules necessary under and
8-10     establish the fees required by Section 415.0351, Government Code,
8-11     as added by this Act, not later than January 1, 2000.
8-12           SECTION 9.  This Act takes effect September 1, 1999.
8-13           SECTION 10.  The importance of this legislation and the
8-14     crowded condition of the calendars in both houses create an
8-15     emergency and an imperative public necessity that the
8-16     constitutional rule requiring bills to be read on three several
8-17     days in each house be suspended, and this rule is hereby suspended.