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 * * * * *