By: Staples S.B. No. 1312
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of certain retired peace officers to
1-3 carry certain weapons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter H, Chapter 1701, Occupations Code, is
1-6 amended by adding Section 1701.357 to read as follows:
1-7 Sec. 1701.357. WEAPONS PROFICIENCY FOR CERTAIN RETIRED PEACE
1-8 OFFICERS. (a) This section applies only to a peace officer
1-9 designated as a peace officer under Article 2.12(1), (2), (3), or
1-10 (10), Code of Criminal Procedure.
1-11 (b) A state or local law enforcement agency may allow an
1-12 honorably retired peace officer to whom this section applies an
1-13 opportunity to demonstrate annually weapons proficiency if the
1-14 retired officer provides to the agency a sworn affidavit stating
1-15 that:
1-16 (1) the officer honorably retired after not less than
1-17 20 years of service as a commissioned officer;
1-18 (2) the officer's license as a commissioned officer
1-19 was not revoked or suspended for any period during the officer's
1-20 term of service as a commissioned officer; and
1-21 (3) the officer has no psychological or physical
1-22 disability that would interfere with the officer's proper handling
1-23 of a handgun.
1-24 (c) The agency shall issue a certificate of proficiency to a
1-25 retired officer who satisfactorily demonstrates weapons proficiency
2-1 under Subsection (b). The agency shall maintain records of any
2-2 retired officer who holds a certificate issued under this section.
2-3 (d) A certificate issued under this section expires on the
2-4 first anniversary of the date the certificate was issued.
2-5 (e) A state or local law enforcement agency may set and
2-6 collect fees to recover the expenses the agency incurs in
2-7 performing duties under this section.
2-8 SECTION 2. Subsection (a), Section 46.15, Penal Code, is
2-9 amended to read as follows:
2-10 (a) Sections 46.02 and 46.03 do not apply to:
2-11 (1) peace officers and neither section prohibits a
2-12 peace officer from carrying a weapon in this state, regardless of
2-13 whether the officer is engaged in the actual discharge of the
2-14 officer's duties while carrying the weapon;
2-15 (2) parole officers and neither section prohibits an
2-16 officer from carrying a weapon in this state if the officer is:
2-17 (A) engaged in the actual discharge of the
2-18 officer's duties while carrying the weapon; and
2-19 (B) in compliance with policies and procedures
2-20 adopted by the Texas Department of Criminal Justice regarding the
2-21 possession of a weapon by an officer while on duty;
2-22 (3) community supervision and corrections department
2-23 officers appointed or employed under Section 76.004, Government
2-24 Code, and neither section prohibits an officer from carrying a
2-25 weapon in this state if the officer is:
2-26 (A) engaged in the actual discharge of the
3-1 officer's duties while carrying the weapon; and
3-2 (B) authorized to carry a weapon under Section
3-3 76.0051, Government Code; [or]
3-4 (4) a judge or justice of the supreme court, the court
3-5 of criminal appeals, a court of appeals, a district court, a
3-6 criminal district court, a constitutional county court, a statutory
3-7 county court, a justice court, or a municipal court who is licensed
3-8 to carry a concealed handgun under Subchapter H, Chapter 411,
3-9 Government Code; or
3-10 (5) an honorably retired peace officer who holds a
3-11 certificate of proficiency issued under Section 1701.357,
3-12 Occupations Code, and is carrying a photo identification issued by
3-13 the agency from which the officer retired verifying that the
3-14 officer honorably retired after not less than 20 years of service
3-15 as a commissioned officer.
3-16 SECTION 3. This Act takes effect September 1, 2001.