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 * * * * *