SRC-JBJ C.S.S.B. 1312 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1312
77R12573 JMC-DBy: Staples
Criminal Justice
4/26/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, retired peace officers cannot carry a weapon without a concealed
carry license. C.S.S.B. 1312 allows certain honorably retired peace
officers, under certain conditions, to carry a weapon. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 1701H, Occupations Code, by adding Section
1701.357, as follows: 

Sec. 1701.357.  WEAPONS PROFICIENCY FOR CERTAIN RETIRED PEACE OFFICERS. (a)
Provides that this section applies only to a peace officer designated as a
peace officer under Article 2.12(1), (2), (3), or (10), Code of Criminal
Procedure. 

(b)  Authorizes a state or local law enforcement agency to allow an
honorably retired peace officer to whom this section applies an opportunity
to demonstrate annually weapons proficiency if the retired officer provides
to the agency a sworn affidavit stating certain information. 

(c)  Requires the agency to issue a certificate of proficiency to a retired
officer who satisfactorily demonstrates weapons proficiency under
Subsection (b).  Requires the department or agency to maintain records of
any retired officer who holds a certificate issued under this section.   

(d)  Provides that a certificate issued under this section expires on the
first anniversary of the date the certificate was issued. 

(e)  Authorizes a state or local law enforcement agency to set and collect
fees to recover the expenses the agency incurs in performing duties under
this section.  

SECTION 2.  Amends Section 46.15(a), Penal Code, to provide that Sections
46.02 and 46.03 do not apply to an honorably retired peace officer who
holds a certificate of proficiency issued under Section 1701.357,
Occupations Code, and is carrying a photo identification issued by the
agency from which the officer retired verifying that the officer honorably
retired after not less than 20 years of service as a commissioned officer. 
 
SECTION 3.  Effective date: September 1, 2001.


SUMMARY OF COMMITTEE CHANGES

 Differs from the original by amending the relating clause.

Deletes previously proposed SECTION 1 and renumbers previously proposed
SECTION 2 as SECTION 1 with the following changes. 

SECTION 1.  Differs from the original by amending previously proposed
provisions regarding the certification of weapons proficiency for certain
retired peace officers. 

Deletes previously proposed SECTIONS 3 - 5 and adds a new SECTION 2.

Renumbers previously proposed SECTION 6 as SECTION 3 with no change.