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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain retired peace officers to |
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carry certain firearms. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 614.121, Government Code, as added by |
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Chapter 938 (H.B. 3613), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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Sec. 614.121. DEFINITIONS. (a) In this subchapter: |
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(1) "Full-time peace officer" means a person elected, |
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employed, or appointed as a peace officer under Article 2.12, Code |
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of Criminal Procedure, or other law, who: |
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(A) works as a peace officer on average at least |
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32 hours per week, exclusive of paid vacation; and |
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(B) is compensated by this state or a political |
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subdivision of this state at least at the federal minimum wage and |
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is entitled to all employee benefits offered to a peace officer by |
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the state or political subdivision. |
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(2) "Honorably retired peace officer" means a former |
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peace officer who: |
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(A) previously served but is not currently |
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serving as an elected, appointed, or employed peace officer under |
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Article 2.12, Code of Criminal Procedure, or other law; |
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(B) did not retire in lieu of any disciplinary |
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action; |
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(C) was eligible to retire from a law enforcement |
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agency in this state or was ineligible to retire only as a result of |
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an injury received in the course of the officer's employment with |
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the agency; and |
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(D) is eligible to receive a pension or annuity |
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for service as a law enforcement officer in this state or is |
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ineligible to receive a pension or annuity only because the law |
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enforcement agency that employed the officer does not offer a |
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pension or annuity to its employees. |
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(3) "Part-time peace officer" means a person elected, |
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employed, or appointed as a peace officer under Article 2.12, Code |
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of Criminal Procedure, or other law, who: |
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(A) works as a peace officer on average less than |
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32 hours per week, exclusive of paid vacation; and |
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(B) is compensated by this state or a political |
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subdivision of this state at least at the federal minimum wage and |
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is entitled to all employee benefits offered to a peace officer by |
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the state or political subdivision. |
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(4) "Reserve law enforcement officer" has the meaning |
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assigned by Section 1701.001, Occupations Code. |
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(b) In this subchapter, "honorably retired peace officer" |
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includes a qualified retired law enforcement officer, as defined by |
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18 U.S.C. Section 926C, who is not otherwise described by |
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Subsection (a)(2). |
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SECTION 2. Section 614.124(a), Government Code, as added by |
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Chapter 938 (H.B. 3613), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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(a) The law enforcement agency or other governmental entity |
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that was the last entity to appoint or employ an honorably retired |
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peace officer as a peace officer shall [may] issue an |
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identification card to its honorably retired peace officers. |
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SECTION 3. Section 46.15(a), Penal Code, is amended to read |
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as follows: |
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(a) Sections 46.02 and 46.03 do not apply to: |
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(1) peace officers or special investigators under |
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Article 2.122, Code of Criminal Procedure, and neither section |
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prohibits a peace officer or special investigator from carrying a |
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weapon in this state, including in an establishment in this state |
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serving the public, regardless of whether the peace officer or |
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special investigator is engaged in the actual discharge of the |
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officer's or investigator's duties while carrying the weapon; |
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(2) parole officers and neither section prohibits an |
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officer from carrying a weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) in compliance with policies and procedures |
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adopted by the Texas Department of Criminal Justice regarding the |
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possession of a weapon by an officer while on duty; |
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(3) community supervision and corrections department |
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officers appointed or employed under Section 76.004, Government |
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Code, and neither section prohibits an officer from carrying a |
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weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) authorized to carry a weapon under Section |
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76.0051, Government Code; |
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(4) a judge or justice of a federal court, the supreme |
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court, the court of criminal appeals, a court of appeals, a district |
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court, a criminal district court, a constitutional county court, a |
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statutory county court, a justice court, or a municipal court who is |
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licensed to carry a concealed handgun under Subchapter H, Chapter |
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411, Government Code; |
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(5) an honorably retired peace officer or federal |
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criminal investigator who holds a certificate of proficiency issued |
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under Section 1701.357, Occupations Code, and is carrying a photo |
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identification that is issued by a federal, state, or local law |
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enforcement agency, as applicable, and that[:
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[(A)] verifies that the officer is: |
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(A) an honorably retired peace officer, as |
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defined by Section 614.121, Government Code; or |
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(B) a federal criminal investigator described by |
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Article 2.122, Code of Criminal Procedure [after not less than 15
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years of service as a commissioned officer; and
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[(B) is issued by a state or local law
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enforcement agency]; |
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(6) a district attorney, criminal district attorney, |
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county attorney, or municipal attorney who is licensed to carry a |
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concealed handgun under Subchapter H, Chapter 411, Government Code; |
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(7) an assistant district attorney, assistant |
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criminal district attorney, or assistant county attorney who is |
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licensed to carry a concealed handgun under Subchapter H, Chapter |
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411, Government Code; |
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(8) a bailiff designated by an active judicial officer |
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as defined by Section 411.201, Government Code, who is: |
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(A) licensed to carry a concealed handgun under |
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Chapter 411, Government Code; and |
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(B) engaged in escorting the judicial officer; or |
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(9) a juvenile probation officer who is authorized to |
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carry a firearm under Section 142.006, Human Resources Code. |
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SECTION 4. Subchapter H, Chapter 614, Government Code, as |
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added by Chapter 1187 (H.B. 638), Acts of the 80th Legislature, |
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Regular Session, 2007, is repealed. |
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SECTION 5. The change in law made by this Act to Section |
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46.15, Penal Code, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2011. |