This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.


                                                                                



                                                                  S.B. No. 117




AN ACT
relating to the authority of certain retired peace officers and federal criminal investigators to carry certain weapons. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter H, Chapter 1701, Occupations Code, is amended by adding Section 1701.357 to read as follows: Sec. 1701.357. WEAPONS PROFICIENCY FOR CERTAIN RETIRED PEACE OFFICERS AND FEDERAL CRIMINAL INVESTIGATORS. (a) This section applies only to: (1) a peace officer designated as a peace officer under Article 2.12(1), (2), (3), or (10), Code of Criminal Procedure; and (2) a federal criminal investigator designated as a special investigator under Article 2.122(a)(1) or (5), Code of Criminal Procedure. (b) The head of a state or local law enforcement agency may allow an honorably retired peace officer of the agency to whom this section applies an opportunity to demonstrate weapons proficiency if the retired officer provides to the agency a sworn affidavit stating that: (1) the officer honorably retired after not less than 20 years of service as a commissioned officer; (2) the officer's license as a commissioned officer was not revoked or suspended for any period during the officer's term of service as a commissioned officer; and (3) the officer has no psychological or physical disability that would interfere with the officer's proper handling of a handgun. (c) The agency shall establish written procedures for the issuance or denial of a certificate of proficiency under this section. The agency shall issue the certificate to a retired officer who satisfactorily demonstrates weapons proficiency under Subsection (b) and satisfies the written procedures established by the agency. The agency shall maintain records of any retired officer 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) The amount of a fee set by a county law enforcement agency under Subsection (e) is subject to the approval of the commissioners court of the county. A county law enforcement agency that collects a fee under Subsection (e) shall deposit the amounts collected to the credit of the general fund of the county. (g) A county law enforcement agency must obtain approval of the program authorized by this section from the commissioners court of the county before issuing a certificate of proficiency under this section. (h) The head of a state law enforcement agency may allow an honorably retired federal criminal investigator to whom this section applies an opportunity to demonstrate weapons proficiency in the same manner as, and subject to the same requirements applicable to, an honorably retired peace officer as described by this section. The agency shall issue a certificate of proficiency to an honorably retired federal criminal investigator who otherwise meets the requirements of this section and shall maintain records regarding the issuance of that certificate. SECTION 2. Subsection (a), Section 46.15, 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 peace officer or federal criminal investigator who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that: (A) verifies that the officer honorably retired after not less than 20 years of service as a commissioned officer; and (B) is issued by the agency from which the peace officer retired or, for a federal criminal investigator, by a state law enforcement agency. SECTION 3. This Act takes effect September 1, 2003.
______________________________ ______________________________ President of the Senate Speaker of the House
I hereby certify that S.B. No. 117 passed the Senate on March 27, 2003, by the following vote: Yeas 31, Nays 0; May 28, 2003, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 30, 2003, House granted request of the Senate; May 31, 2003, Senate adopted Conference Committee Report by a viva-voce vote. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 117 passed the House, with amendments, on May 20, 2003, by a non-record vote; May 30, 2003, House granted request of the Senate for appointment of Conference Committee; May 31, 2003, House adopted Conference Committee Report by a non-record vote. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor