By Duncan S.B. No. 483 77R2374 JMC-D 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. Subchapter H, Chapter 411, Government Code, is 1-23 amended by adding Section 411.1992 to read as follows: 1-24 Sec. 411.1992. WEAPONS PROFICIENCY TESTS FOR CERTAIN RETIRED 2-1 SHERIFFS. The department shall allow a retired sheriff who may be 2-2 eligible to carry a handgun under Section 46.15(f), Penal Code, a 2-3 reasonable opportunity to demonstrate the required weapons 2-4 proficiency to the department's firearms proficiency officer under 2-5 Section 1701.355, Occupations Code. 2-6 SECTION 3. This Act takes effect September 1, 2001.