By Longoria H.B. No. 206
77R962 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to commissions for certain retired peace officers and the
1-3 authority of those officers to carry certain weapons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter G, Chapter 1701, Occupations Code, is
1-6 amended by adding Section 1701.317 to read as follows:
1-7 Sec. 1701.317. SPECIAL RETIRED PEACE OFFICERS. (a) The
1-8 commission may appoint as a special retired peace officer a retired
1-9 officer of the Department of Public Safety or a local law
1-10 enforcement agency who:
1-11 (1) is honorably retired after not less than 15 years
1-12 of service as a commissioned officer; and
1-13 (2) satisfies the weapons proficiency requirement of
1-14 Section 1701.357.
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 that is executed by a surety company authorized to do business
1-24 in the state in the amount of $2,500, that is approved by the
2-1 commission, and that indemnifies all persons against damages
2-2 resulting from an unlawful act of the officer.
2-3 (d) A special retired peace officer is not entitled to
2-4 compensation from the state for service as a special retired peace
2-5 officer.
2-6 (e) A special retired peace officer commission expires
2-7 January 1 of the first odd-numbered year after appointment and is
2-8 renewed automatically on resubmission of a bond as required under
2-9 Subsection (c). The commission may revoke a special retired peace
2-10 officer commission at any time for cause.
2-11 SECTION 2. Subchapter H, Chapter 1701, Occupations Code, is
2-12 amended by adding Section 1701.357 to read as follows:
2-13 Sec. 1701.357. WEAPONS PROFICIENCY FOR CERTAIN RETIRED PEACE
2-14 OFFICERS. (a) The Department of Public Safety or a local law
2-15 enforcement agency shall allow an honorably retired commissioned
2-16 officer of the department or agency an opportunity to demonstrate
2-17 annually weapons proficiency as defined by the commission under
2-18 Section 1701.355 if the chief law enforcement officer of the agency
2-19 from which the officer retired provides the officer with a written
2-20 statement indicating that:
2-21 (1) the officer's license as a commissioned officer
2-22 was not revoked or suspended for any period during the officer's
2-23 term of service as a commissioned officer; and
2-24 (2) the officer has no psychological or physical
2-25 disability that would interfere with the officer's proper handling
2-26 of a handgun.
2-27 (b) The department or agency shall issue a certificate of
3-1 proficiency to a retired officer who satisfactorily demonstrates
3-2 weapons proficiency under Subsection (a). The department or agency
3-3 shall maintain records of any retired officer who holds a
3-4 certificate issued under this section. A certificate issued under
3-5 this section expires on the first anniversary of the date the
3-6 certificate was issued.
3-7 (c) The commission shall adopt rules for the administration
3-8 of this section and set fees that the department or agency may
3-9 collect to recover the expenses the department or agency incurs in
3-10 performing duties under this section.
3-11 SECTION 3. Section 46.15, Penal Code, is amended by adding
3-12 Subsection (f) to read as follows:
3-13 (f) The provision of Section 46.02 prohibiting the carrying
3-14 of a handgun does not apply to a person who was, at the time of the
3-15 commission of the offense, the holder of a certificate issued under
3-16 Section 1701.357, Occupations Code.
3-17 SECTION 4. Article 2.12, Code of Criminal Procedure, as
3-18 amended by Chapters 90, 322, 882, and 974, Acts of the 76th
3-19 Legislature, Regular Session, 1999, is amended to read as follows:
3-20 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
3-21 officers:
3-22 (1) sheriffs, their deputies, and those reserve
3-23 deputies who hold a permanent peace officer license issued under
3-24 Chapter 1701, Occupations [415, Government] Code;
3-25 (2) constables, deputy constables, and those reserve
3-26 deputy constables who hold a permanent peace officer license issued
3-27 under Chapter 1701, Occupations [415, Government] Code;
4-1 (3) marshals or police officers of an incorporated
4-2 city, town, or village, and those reserve municipal police officers
4-3 who hold a permanent peace officer license issued under Chapter
4-4 1701, Occupations [415, Government] Code;
4-5 (4) rangers and officers commissioned by the Public
4-6 Safety Commission and the Director of the Department of Public
4-7 Safety;
4-8 (5) investigators of the district attorneys', criminal
4-9 district attorneys', and county attorneys' offices;
4-10 (6) law enforcement agents of the Texas Alcoholic
4-11 Beverage Commission;
4-12 (7) each member of an arson investigating unit
4-13 commissioned by a city, a county, or the state;
4-14 (8) officers commissioned under Section 37.081,
4-15 Education Code, or Subchapter E, Chapter 51, Education Code;
4-16 (9) officers commissioned by the General Services
4-17 Commission;
4-18 (10) law enforcement officers commissioned by the
4-19 Parks and Wildlife Commission;
4-20 (11) airport police officers commissioned by a city
4-21 with a population of more than one million, [according to the most
4-22 recent federal census,] that operates an airport that serves
4-23 commercial air carriers;
4-24 (12) airport security personnel commissioned as peace
4-25 officers by the governing body of any political subdivision of this
4-26 state, other than a city described by Subdivision (11), that
4-27 operates an airport that serves commercial air carriers;
5-1 (13) municipal park and recreational patrolmen and
5-2 security officers;
5-3 (14) security officers commissioned as peace officers
5-4 by the comptroller;
5-5 (15) officers commissioned by a water control and
5-6 improvement district under Section 49.216, Water Code;
5-7 (16) officers commissioned by a board of trustees
5-8 under Chapter 54, Transportation Code [341, Acts of the 57th
5-9 Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas
5-10 Civil Statutes)];
5-11 (17) investigators commissioned by the Texas State
5-12 Board of Medical Examiners;
5-13 (18) officers commissioned by the board of managers of
5-14 the Dallas County Hospital District, the Tarrant County Hospital
5-15 District, or the Bexar County Hospital District under Section
5-16 281.057, Health and Safety Code;
5-17 (19) county park rangers commissioned under Subchapter
5-18 E, Chapter 351, Local Government Code;
5-19 (20) investigators employed by the Texas Racing
5-20 Commission;
5-21 (21) officers commissioned under Chapter 554,
5-22 Occupations Code [by the State Board of Pharmacy];
5-23 (22) officers commissioned by the governing body of a
5-24 metropolitan rapid transit authority under Section 451.108,
5-25 Transportation Code, or by a regional transportation authority
5-26 under Section 452.110, Transportation Code;
5-27 (23) investigators commissioned by the attorney
6-1 general under Section 402.009, Government Code;
6-2 (24) security officers and investigators commissioned
6-3 as peace officers under Chapter 466, Government Code;
6-4 (25) an officer employed by the Texas Department of
6-5 Health under Section 431.2471, Health and Safety Code;
6-6 (26) officers appointed by an appellate court under
6-7 Subchapter F, Chapter 53, Government Code;
6-8 (27) officers commissioned by the state fire marshal
6-9 under Chapter 417, Government Code;
6-10 (28) an investigator commissioned by the commissioner
6-11 of insurance under Article 1.10D, Insurance Code;
6-12 (29) apprehension specialists commissioned by the
6-13 Texas Youth Commission as officers under Section 61.0931, Human
6-14 Resources Code; [and]
6-15 (30) officers appointed by the executive director of
6-16 the Texas Department of Criminal Justice under Section 493.019,
6-17 Government Code; [.]
6-18 (31) [(30)] investigators commissioned by the
6-19 Commission on Law Enforcement Officer Standards and Education under
6-20 Section 415.016, Government Code; [.]
6-21 (32) commission [(30) board] investigators
6-22 commissioned by the Texas Commission on Private Security under
6-23 Section 10(f), Private Investigators and Private Security Agencies
6-24 Act (Article 4413(29bb), Vernon's Texas Civil Statutes); and
6-25 (33) special retired peace officers commissioned under
6-26 Section 1701.317, Occupations Code.
6-27 SECTION 5. The Commission on Law Enforcement Officer
7-1 Standards and Education shall adopt the rules and establish the
7-2 fees required by Section 1701.357, Occupations Code, as added by
7-3 this Act, not later than January 1, 2002.
7-4 SECTION 6. This Act takes effect September 1, 2001.