By Ritter H.B. No. 3430
76R8543 AJA-D
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 a retired
1-10 officer of a local law enforcement agency who:
1-11 (1) is honorably retired after not less than 20 years
1-12 of service as a commissioned officer; and
1-13 (2) satisfies the weapons proficiency requirement of
1-14 Section 415.0351.
1-15 (b) A special retired peace officer is subject to the orders
1-16 of the commission, the governor, and the agency from which the
1-17 officer retired for special duty to the same extent as other law
1-18 enforcement officers, except that a special retired peace officer
1-19 may not arrest a person for a violation of Subtitle C, Title 7,
1-20 Transportation Code.
1-21 (c) Before issuance of a commission to a special retired
1-22 peace officer, the officer shall enter into a good and sufficient
1-23 bond in the amount of $2,500 that:
1-24 (1) indemnifies all persons against damages resulting
2-1 from an unlawful act of the officer;
2-2 (2) is executed by a surety company that is authorized
2-3 to do business in this state; and
2-4 (3) is approved by the commission.
2-5 (d) A special retired peace officer is not entitled to
2-6 compensation from the state or a local law enforcement agency for
2-7 service as a special retired peace officer under Subsection (b).
2-8 (e) A special retired peace officer commission expires
2-9 January 1 of the first odd-numbered year after appointment and is
2-10 renewed automatically on resubmission of a bond as required under
2-11 Subsection (c). The commission may revoke a special retired peace
2-12 officer commission at any time for cause.
2-13 SECTION 2. Section 415.034(e), Government Code, is amended
2-14 to read as follows:
2-15 (e) An honorably retired commissioned officer [of the
2-16 Department of Public Safety] who is a special ranger under Section
2-17 411.023 or a person who is a special retired peace officer under
2-18 Section 415.067 and who has not reactivated the person's peace
2-19 officer's license under Section 415.052(c) may not be required to
2-20 undergo training under Subsection (b).
2-21 SECTION 3. Subchapter B, Chapter 415, Government Code, is
2-22 amended by adding Section 415.0351 to read as follows:
2-23 Sec. 415.0351. WEAPONS PROFICIENCY FOR CERTAIN RETIRED PEACE
2-24 OFFICERS. (a) A local law enforcement agency shall allow a
2-25 special retired peace officer appointed under Section 415.067 or an
2-26 applicant for appointment as a special retired peace officer an
2-27 opportunity to demonstrate annually weapons proficiency as defined
3-1 by the commission under Section 415.035 if the chief law
3-2 enforcement officer of the agency from which the officer retired
3-3 provides the officer with a statement written within the preceding
3-4 12-month period indicating that:
3-5 (1) the officer's license as a commissioned officer
3-6 was not revoked or suspended for any period during the officer's
3-7 term of service as a commissioned officer; and
3-8 (2) the officer has no psychological or physical
3-9 disability that would interfere with the officer's proper handling
3-10 of a handgun.
3-11 (b) The local law enforcement agency shall issue a
3-12 certificate of proficiency to a special retired peace officer or an
3-13 applicant for appointment as a special retired peace officer who
3-14 satisfactorily demonstrates weapons proficiency under Subsection
3-15 (a). The agency shall maintain records of any special retired
3-16 peace officer or applicant who holds a certificate issued under
3-17 this section.
3-18 (c) A certificate issued under this section expires on the
3-19 first anniversary of the date the certificate was issued. A
3-20 certificate issued under this section has no effect other than to
3-21 satisfy the weapons proficiency requirement for a special retired
3-22 peace officer under Section 415.067 or an applicant for appointment
3-23 as a special retired peace officer.
3-24 (d) The commission shall adopt rules for the administration
3-25 of this section and set fees the local law enforcement agency may
3-26 collect to recover the expenses the agency incurs in performing
3-27 duties under this section.
4-1 SECTION 4. Section 415.052(c), Government Code, is amended
4-2 to read as follows:
4-3 (c) The commission shall adopt rules relating to
4-4 requirements for reactivation of a peace officer's license after a
4-5 break in employment. The commission may consider employment as a
4-6 peace officer in another state in determining whether a person is
4-7 required to have additional training or testing. The commission
4-8 may not require additional training or testing to reactivate the
4-9 peace officer's license of a person with an active commission as a
4-10 special retired peace officer under Section 415.067. The
4-11 commission shall adopt rules establishing a list of active licensed
4-12 peace officers and a list of inactive licensed peace officers who
4-13 leave the employment of a law enforcement agency.
4-14 SECTION 5. Subchapter B, Chapter 143, Local Government Code,
4-15 is amended by adding Section 143.0225 to read as follows:
4-16 Sec. 143.0225. SPECIAL RETIRED PEACE OFFICERS. (a) A
4-17 person with an active commission as a special retired peace officer
4-18 under Section 415.067, Government Code, may be appointed to any
4-19 position in a police department on reactivation of that person's
4-20 peace officer's license under Section 415.052, Government Code.
4-21 (b) A special retired peace officer appointed to a position
4-22 in a police department under Subsection (a) may be required to take
4-23 any physical, mental, or other examination required under this
4-24 chapter for the position to which that person is appointed.
4-25 (c) A special retired peace officer who is appointed to a
4-26 beginning position in a police department under Subsection (a) is
4-27 not required to fulfill basic training requirements under
5-1 Subchapter B, Chapter 415, Government Code, and the maximum age
5-2 requirements of Section 143.023 do not apply to the officer.
5-3 SECTION 6. Section 46.15, Penal Code, is amended by adding
5-4 Subsection (e) to read as follows:
5-5 (e) The provision of Section 46.02 prohibiting the carrying
5-6 of a handgun does not apply to a person who was, at the time of the
5-7 commission of the offense, the holder of a certificate issued under
5-8 Section 415.0351, Government Code.
5-9 SECTION 7. Article 2.12, Code of Criminal Procedure, is
5-10 amended to read as follows:
5-11 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
5-12 officers:
5-13 (1) sheriffs and their deputies;
5-14 (2) constables and deputy constables;
5-15 (3) marshals or police officers of an incorporated
5-16 city, town, or village;
5-17 (4) rangers and officers commissioned by the Public
5-18 Safety Commission and the Director of the Department of Public
5-19 Safety;
5-20 (5) investigators of the district attorneys', criminal
5-21 district attorneys', and county attorneys' offices;
5-22 (6) law enforcement agents of the Texas Alcoholic
5-23 Beverage Commission;
5-24 (7) each member of an arson investigating unit
5-25 commissioned by a city, a county, or the state;
5-26 (8) officers commissioned under Section 37.081,
5-27 Education Code, or Subchapter E, Chapter 51, Education Code;
6-1 (9) officers commissioned by the General Services
6-2 Commission;
6-3 (10) law enforcement officers commissioned by the
6-4 Parks and Wildlife Commission;
6-5 (11) airport police officers commissioned by a city
6-6 with a population of more than one million, according to the most
6-7 recent federal census, that operates an airport that serves
6-8 commercial air carriers;
6-9 (12) airport security personnel commissioned as peace
6-10 officers by the governing body of any political subdivision of this
6-11 state, other than a city described by Subdivision (11), that
6-12 operates an airport that serves commercial air carriers;
6-13 (13) municipal park and recreational patrolmen and
6-14 security officers;
6-15 (14) security officers commissioned as peace officers
6-16 by the comptroller;
6-17 (15) officers commissioned by a water control and
6-18 improvement district under Section 49.216, Water Code;
6-19 (16) officers commissioned by a board of trustees
6-20 under Chapter 341, Acts of the 57th Legislature, Regular Session,
6-21 1961 (Article 1187f, Vernon's Texas Civil Statutes);
6-22 (17) investigators commissioned by the Texas State
6-23 Board of Medical Examiners;
6-24 (18) officers commissioned by the board of managers of
6-25 the Dallas County Hospital District, the Tarrant County Hospital
6-26 District, or the Bexar County Hospital District under Section
6-27 281.057, Health and Safety Code;
7-1 (19) county park rangers commissioned under Subchapter
7-2 E, Chapter 351, Local Government Code;
7-3 (20) investigators employed by the Texas Racing
7-4 Commission;
7-5 (21) officers commissioned by the State Board of
7-6 Pharmacy;
7-7 (22) officers commissioned by the governing body of a
7-8 metropolitan rapid transit authority under Section 451.108,
7-9 Transportation Code, or by a regional transportation authority
7-10 under Section 452.110, Transportation Code;
7-11 (23) investigators commissioned by the attorney
7-12 general under Section 402.009, Government Code;
7-13 (24) security officers and investigators commissioned
7-14 as peace officers under Chapter 466, Government Code;
7-15 (25) an officer employed by the Texas Department of
7-16 Health under Section 431.2471, Health and Safety Code;
7-17 (26) officers appointed by an appellate court under
7-18 Subchapter F, Chapter 53, Government Code;
7-19 (27) officers commissioned by the state fire marshal
7-20 under Chapter 417, Government Code;
7-21 (28) an investigator commissioned by the commissioner
7-22 of insurance under Article 1.10D, Insurance Code; [and]
7-23 (29) apprehension specialists commissioned by the
7-24 Texas Youth Commission as officers under Section 61.0931, Human
7-25 Resources Code; and
7-26 (30) special retired peace officers commissioned under
7-27 Section 415.067, Government Code.
8-1 SECTION 8. The Commission on Law Enforcement Officer
8-2 Standards and Education shall adopt the rules and establish the
8-3 fees required by Section 415.0351, Government Code, as added by
8-4 this Act, not later than January 1, 2000.
8-5 SECTION 9. This Act takes effect September 1, 1999.
8-6 SECTION 10. The importance of this legislation and the
8-7 crowded condition of the calendars in both houses create an
8-8 emergency and an imperative public necessity that the
8-9 constitutional rule requiring bills to be read on three several
8-10 days in each house be suspended, and this rule is hereby suspended.