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.