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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