SRC-TJG, MSY S.B. 117 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 117
78R750 KEL-DBy: Staples
Criminal Justice
3/10/2003
As Filed


DIGEST AND PURPOSE 

Currently, Texas law prohibits a retired peace officer from carrying a
weapon without a concealed handgun license.  As proposed, S.B. 117 permits
an honorably retired peace officer to continue carrying a weapon after
retirement if certain criteria and annual weapons proficiency requirements
are met. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 1701H, Occupations Code, by adding Section
1701.357, as follows: 

Sec. 1701.357.  WEAPONS PROFICIENCY FOR CERTAIN RETIRED PEACE OFFICERS.
(a) Specifies that this section applies to peace officers defined in
Article 2.12(1), (2), (3), or (10) (pertaining to various types of peace
officers), Code of Criminal Procedure.   

(b) Authorizes state and local law enforcement agencies to allow honorably
retired peace officers to demonstrate weapons proficiency on a
year-to-year basis so long as the officer provides a sworn affidavit
saying that: the officer served at least 20 years before honorable
retirement, that the officer's license was not revoked or suspended during
their tenure, and that the officer has no psychological or physical
conditions that would prevent them from properly handling a handgun.   

(c) Requires that the testing agency issue a certificate of proficiency to
a retired officer who demonstrates weapons proficiency under Subsection
(b), and requires the agency to maintain records of any officer to whom it
issues a certificate.   

(d) Establishes that the certificates will be valid for one year from the
date they are issued.   

(e) Authorizes the agencies carrying out the testing and certification
process to set and collect fees to offset the expenses incurred from
performing those duties. 

SECTION 2.  Amends Section 46.15(a), Penal Code, to exempt from Sections
46.02 and 46.03, Penal Code, those honorably retired peace officers who
hold proficiency certificates issued under Section 1701.357, Occupations
Code, and who are carrying photo identification issued by the agency from
which the officer retired stating that they retired honorably after at
least 20 years of service. 

SECTION 3.  Effective date: September 1, 2003.