Amend CSHB 3477 as follows:
(2) Add the following appropriately numbered SECTIONS to the bill and renumber the other SECTIONS of the bill appropriately:
SECTION ___. Subchapter H, Chapter 1701, Occupations Code,
is amended by adding Section 1701.358 to read as follows:
Sec. 1701.358. WEAPONS PROFICIENCY FOR CERTAIN RETIRED
SPECIAL INVESTIGATORS. (a) This section applies only to a criminal
investigator of the United States designated as a special
investigator under Article 2.122(1) or (5), Code of Criminal
Procedure.
(b) The head of a state or local law enforcement agency may
allow an honorably retired special investigator to whom this
section applies an opportunity to demonstrate biennially weapons
proficiency if the retired investigator provides to the agency a
sworn affidavit stating that:
(1) the investigator honorably retired after not less
than 20 years of service as a commissioned special investigator;
(2) the investigator's license as a commissioned
special investigator was not revoked or suspended for any period
during the investigator's term of service as a commissioned special
investigator; and
(3) the investigator has no psychological or physical
disability that would interfere with the investigator's proper
handling of a handgun.
(c) The agency shall issue a certificate of proficiency to a
retired investigator who satisfactorily demonstrates weapons
proficiency under Subsection (b). The agency shall maintain
records of any retired investigator who holds a certificate issued
under this section.
(d) A certificate issued under this section expires on the
second anniversary of the date the certificate was issued.
(e) The head of a state or local law enforcement agency may
set and collect fees to recover the expenses the agency incurs in
performing duties under this section.
(f) A certificate issued under this section may be used to
satisfy the requirements of Section 411.188, Government Code.
SECTION ___. Section 46.15(a), Penal Code, is amended to
read as follows:
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers and neither section prohibits a
peace officer from carrying a weapon in this state, regardless of
whether the officer is engaged in the actual discharge of the
officer's duties while carrying the weapon;
(2) parole officers and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code; [or]
(4) a judge or justice of the supreme court, the court
of criminal appeals, a court of appeals, a district court, a
criminal district court, a constitutional county court, a statutory
county court, a justice court, or a municipal court who is licensed
to carry a concealed handgun under Subchapter H, Chapter 411,
Government Code; or
(5) an honorably retired special investigator who
holds a certificate of proficiency issued under Section 1701.358,
Occupations Code, and a license to carry a concealed handgun issued
under Section 411.199, Government Code.
SECTION __. The change in law made by this Act to Section
411.195, Government Code, applies only to a renewal that occurs on
or after the effective date of this Act. A renewal that occurs
before the effective date of this Act is covered by the law in
effect on the date of the renewal, and the former law is continued
in effect for that purpose.
SECTION __. This Act takes effect September 1, 2003.