1-1     By:  Duncan                                            S.B. No. 483
 1-2           (In the Senate - Filed January 31, 2001; February 1, 2001,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     February 20, 2001, reported favorably, as amended, by the following
 1-5     vote:  Yeas 4, Nays 0; February 20, 2001, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                              By:  Staples
 1-7     Amend S.B. No. 483 as follows:
 1-8           (1)  Add new SECTION 2 to read as follows:
 1-9           SECTION 2.  Individuals covered under this Act are not exempt
1-10     from Chapter 1702, Occupations Code.
1-11           (2)  Renumber the subsequent sections appropriately.
1-12                            A BILL TO BE ENTITLED
1-13                                   AN ACT
1-14     relating to allowing certain retired sheriffs to carry a handgun.
1-15           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16           SECTION 1.  Section 46.15, Penal Code, is amended by adding
1-17     Subsection (f) to read as follows:
1-18           (f)  The provision of Section 46.02 prohibiting the carrying
1-19     of a handgun does not apply to a person who is an honorably retired
1-20     sheriff.  In this subsection, "honorably retired" means the person:
1-21                 (1)  was not defeated in the last election in which the
1-22     person was a candidate for the office of sheriff;
1-23                 (2)  did not retire in lieu of any disciplinary action;
1-24                 (3)  was employed as a full-time peace officer for not
1-25     less than 10 years by one agency;
1-26                 (4)  was certified as a peace officer by the Commission
1-27     on Law Enforcement Officer Standards and Education;
1-28                 (5)  currently satisfies the requirement to annually
1-29     demonstrate weapons proficiency, in the manner prescribed by
1-30     Section 1701.355, Occupations Code, to a firearms proficiency
1-31     officer of the Department of Public Safety; and
1-32                 (6)  is entitled to receive a pension or annuity for
1-33     service as a law enforcement officer.
1-34           SECTION 2.  Subchapter H, Chapter 411, Government Code, is
1-35     amended by adding Section 411.1992 to read as follows:
1-36           Sec. 411.1992.  WEAPONS PROFICIENCY TESTS FOR CERTAIN RETIRED
1-37     SHERIFFS.  The department shall allow a retired sheriff who may be
1-38     eligible to carry a handgun under Section 46.15(f), Penal Code, a
1-39     reasonable opportunity to demonstrate the required weapons
1-40     proficiency to the department's firearms proficiency officer under
1-41     Section 1701.355, Occupations Code.
1-42           SECTION 3.  This Act takes effect September 1, 2001.
1-43                                  * * * * *