By:  Duncan                                            S.B. No. 483
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to allowing certain retired sheriffs to carry a handgun.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 46.15, Penal Code, is amended by adding
 1-5     Subsection (f) to read as follows:
 1-6           (f)  The provision of Section 46.02 prohibiting the carrying
 1-7     of a handgun does not apply to a person who is an honorably retired
 1-8     sheriff.  In this subsection, "honorably retired" means the person:
 1-9                 (1)  was not defeated in the last election in which the
1-10     person was a candidate for the office of sheriff;
1-11                 (2)  did not retire in lieu of any disciplinary action;
1-12                 (3)  was employed as a full-time peace officer for not
1-13     less than 10 years by one agency;
1-14                 (4)  was certified as a peace officer by the Commission
1-15     on Law Enforcement Officer Standards and Education;
1-16                 (5)  currently satisfies the requirement to annually
1-17     demonstrate weapons proficiency, in the manner prescribed by
1-18     Section 1701.355, Occupations Code, to a firearms proficiency
1-19     officer of the Department of Public Safety; and
1-20                 (6)  is entitled to receive a pension or annuity for
1-21     service as a law enforcement officer.
1-22           SECTION 2.  Individuals covered under this Act are not exempt
1-23     from Chapter 1702, Occupations Code.
1-24           SECTION 3.  Subchapter H, Chapter 411, Government Code, is
1-25     amended by adding Section 411.1992 to read as follows:
 2-1           Sec. 411.1992.  WEAPONS PROFICIENCY TESTS FOR CERTAIN RETIRED
 2-2     SHERIFFS.  The department shall allow a retired sheriff who may be
 2-3     eligible to carry a handgun under Section 46.15(f), Penal Code, a
 2-4     reasonable opportunity to demonstrate the required weapons
 2-5     proficiency to the department's firearms proficiency officer under
 2-6     Section 1701.355, Occupations Code.
 2-7           SECTION 4.  This Act takes effect September 1, 2001.