1-1     By:  Staples                                          S.B. No. 1312
 1-2           (In the Senate - Filed March 8, 2001; March 13, 2001, read
 1-3     first time and referred to Committee on Criminal Justice;
 1-4     April 30, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 0; April 30, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1312                 By:  Staples
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the authority of certain retired peace officers to
1-11     carry certain weapons.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter H, Chapter 1701, Occupations Code, is
1-14     amended by adding Section 1701.357 to read as follows:
1-15           Sec. 1701.357.  WEAPONS PROFICIENCY FOR CERTAIN RETIRED PEACE
1-16     OFFICERS.  (a)  This section applies only to a peace officer
1-17     designated as a peace officer under Article 2.12(1), (2), (3), or
1-18     (10), Code of Criminal Procedure.
1-19           (b)  A state or local law enforcement agency may allow an
1-20     honorably retired peace officer to whom this section applies an
1-21     opportunity to demonstrate annually weapons proficiency if the
1-22     retired officer provides to the agency a sworn affidavit stating
1-23     that:
1-24                 (1)  the officer honorably retired after not less than
1-25     20 years of service as a commissioned officer;
1-26                 (2)  the officer's license as a commissioned officer
1-27     was not revoked or suspended for any period during the officer's
1-28     term of service as a commissioned officer; and
1-29                 (3)  the officer has no psychological or physical
1-30     disability that would interfere with the officer's proper handling
1-31     of a handgun.
1-32           (c)  The agency shall issue a certificate of proficiency to a
1-33     retired officer who satisfactorily demonstrates weapons proficiency
1-34     under Subsection (b).  The agency shall maintain records of any
1-35     retired officer who holds a certificate issued under this section.
1-36           (d)  A certificate issued under this section expires on the
1-37     first anniversary of the date the certificate was issued.
1-38           (e)  A state or local law enforcement agency may set and
1-39     collect fees to recover the expenses the agency incurs in
1-40     performing duties under this section.
1-41           SECTION 2.  Subsection (a), Section 46.15, Penal Code, is
1-42     amended to read as follows:
1-43           (a)  Sections 46.02 and 46.03 do not apply to:
1-44                 (1)  peace officers and neither section prohibits a
1-45     peace officer from carrying a weapon in this state, regardless of
1-46     whether the officer is engaged in the actual discharge of the
1-47     officer's duties while carrying the weapon;
1-48                 (2)  parole officers and neither section prohibits an
1-49     officer from carrying a weapon in this state if the officer is:
1-50                       (A)  engaged in the actual discharge of the
1-51     officer's duties while carrying the weapon; and
1-52                       (B)  in compliance with policies and procedures
1-53     adopted by the Texas Department of Criminal Justice regarding the
1-54     possession of a weapon by an officer while on duty;
1-55                 (3)  community supervision and corrections department
1-56     officers appointed or employed under Section 76.004, Government
1-57     Code, and neither section prohibits an officer from carrying a
1-58     weapon in this state if the officer is:
1-59                       (A)  engaged in the actual discharge of the
1-60     officer's duties while carrying the weapon; and
1-61                       (B)  authorized to carry a weapon under Section
1-62     76.0051, Government Code; [or]
1-63                 (4)  a judge or justice of the supreme court, the court
1-64     of criminal appeals, a court of appeals, a district court, a
 2-1     criminal district court, a constitutional county court, a statutory
 2-2     county court, a justice court, or a municipal court who is licensed
 2-3     to carry a concealed handgun under Subchapter H, Chapter 411,
 2-4     Government Code; or
 2-5                 (5)  an honorably retired peace officer who holds a
 2-6     certificate of proficiency issued under Section 1701.357,
 2-7     Occupations Code, and is carrying a photo identification issued by
 2-8     the agency from which the officer retired verifying that the
 2-9     officer honorably retired after not less than 20 years of service
2-10     as a commissioned officer.
2-11           SECTION 3.  This Act takes effect September 1, 2001.
2-12                                  * * * * *