By: Craddick (Senate Sponsor - Patrick) H.B. No. 3370
         (In the Senate - Received from the House May 8, 2013;
  May 9, 2013, read first time and referred to Committee on Criminal
  Justice; May 20, 2013, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 7, Nays 0;
  May 20, 2013, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 3370 By:  Hinojosa
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the authority of certain retired peace officers and
  former reserve law enforcement officers to carry certain firearms.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 411, Government Code, is
  amended by adding Section 411.1992 to read as follows:
         Sec. 411.1992.  FORMER RESERVE LAW ENFORCEMENT OFFICERS.
  (a) A person who served as a reserve law enforcement officer, as
  defined by Section 1701.001, Occupations Code, not less than a
  total of 15 years with one or more state or local law enforcement
  agencies may apply for a license under this subchapter at any time.
         (b)  The applicant shall submit to the department two
  complete sets of legible and classifiable fingerprints and a sworn
  statement from the head of the law enforcement agency at which the
  applicant last served as a reserve law enforcement officer. A head
  of a law enforcement agency may not refuse to issue a statement
  under this subsection. If the applicant alleges that the statement
  is untrue, the department shall investigate the validity of the
  statement. The statement must include:
               (1)  the name and rank of the applicant;
               (2)  the status of the applicant;
               (3)  whether the applicant was accused of misconduct at
  any time during the applicant's term of service and the disposition
  of that accusation;
               (4)  a description of the physical and mental condition
  of the applicant;
               (5)  a list of the types of weapons the applicant
  demonstrated proficiency with during the applicant's term of
  service; and
               (6)  a recommendation from the agency head regarding
  the issuance of a license under this subchapter.
         (c)  The department may issue a license under this subchapter
  to an applicant under this section if the applicant was a reserve
  law enforcement officer for not less than a total of 15 years with
  one or more state or local law enforcement agencies and is
  physically and emotionally fit to possess a handgun.
         (d)  An applicant under this section must pay a fee of $25 for
  a license issued under this subchapter.
         (e)  A former reserve law enforcement officer who obtains a
  license as provided by this section must maintain, for the category
  of weapon licensed, the proficiency required for the person under
  Section 1701.357, Occupations Code.  The department or the local
  law enforcement agency at which the person last served as a reserve
  law enforcement officer shall allow the person an opportunity to
  annually demonstrate the required proficiency.  The proficiency
  shall be reported to the department on application and renewal.
         (f)  A license issued under this section expires as provided
  by Section 411.183.
         SECTION 2.  The heading to Section 1701.357, Occupations
  Code, is amended to read as follows:
         Sec. 1701.357.  WEAPONS PROFICIENCY FOR CERTAIN RETIRED
  PEACE OFFICERS AND FEDERAL LAW ENFORCEMENT OFFICERS AND FOR FORMER
  RESERVE LAW ENFORCEMENT OFFICERS.
         SECTION 3.  Section 1701.357, Occupations Code, is amended
  by amending Subsections (a), (b), (c), and (d) and adding
  Subsections (b-1), (c-1), and (j) to read as follows:
         (a)  This section applies only to:
               (1)  a peace officer;
               (2)  a federal criminal investigator designated as a
  special investigator under Article 2.122, Code of Criminal
  Procedure; [and]
               (3)  a qualified retired law enforcement officer who is
  entitled to carry a concealed firearm under 18 U.S.C. Section 926C
  and is not otherwise described by Subdivision (1) or (2); and
               (4)  a former reserve law enforcement officer who
  served in that capacity not less than a total of 15 years with one or
  more state or local law enforcement agencies.
         (b)  The head of a state or local law enforcement agency may
  allow an honorably retired peace officer an opportunity to
  demonstrate weapons proficiency if the retired officer provides to
  the agency a sworn affidavit stating that:
               (1)  the officer:
                     (A)  honorably retired after not less than a total
  of 15 years of service as a commissioned officer with one or more
  state or local law enforcement agencies; or
                     (B)  before completing 15 years of service as a
  commissioned officer with one or more state or local law
  enforcement agencies, separated from employment with the agency or
  agencies and is a qualified retired law enforcement officer, as
  defined by 18 U.S.C. Section 926C;
               (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.
         (b-1)  The head of a state or local law enforcement agency
  may allow a person who served as a reserve law enforcement officer
  as described by Subsection (a)(4) an opportunity to demonstrate
  weapons proficiency if the person provides to the agency a sworn
  affidavit stating that:
               (1)  the person served not less than a total of 15 years
  as a reserve law enforcement officer with one or more state or local
  law enforcement agencies;
               (2)  the person's appointment as a reserve law
  enforcement officer was not revoked or suspended for any period
  during the person's term of service; and
               (3)  the person has no psychological or physical
  disability that would interfere with the person'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), provides proof that the officer is entitled to
  receive a pension or annuity for service with a state or local law
  enforcement agency or is not entitled to receive a pension or
  annuity only because the law enforcement agency that employed the
  retired officer does not offer a pension or annuity to its retired
  employees, and satisfies the written procedures established by the
  agency. The agency shall issue the certificate to a person
  described by Subsection (a)(4) who satisfactorily demonstrates
  weapons proficiency under Subsection (b-1).  The agency shall
  maintain records of any person [retired officer] who holds a
  certificate issued under this section.
         (c-1)  For purposes of Subsection (c) [this subsection],
  proof that a retired officer is entitled to receive a pension or
  annuity or is not entitled to receive a pension or annuity only
  because the agency that last employed the retired officer does not
  offer a pension or annuity may include a retired peace officer
  identification card issued under Subchapter H, Chapter 614,
  Government Code.
         (d)  A certificate issued under this section expires on the
  second anniversary of the date the certificate was issued.  A
  person [retired officer] to whom this section applies may request
  an annual evaluation of weapons proficiency and issuance of a
  certificate of proficiency as needed to comply with applicable
  federal or other laws.
         (j)  On request of a person described by Subsection (a)(4)
  who holds a certificate of proficiency under this section, the head
  of the state or local law enforcement agency at which the person
  last served as a reserve law enforcement officer shall issue to the
  person identification that indicates the person's status. An
  identification under this subsection must include a photograph of
  the person.
         SECTION 4.  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 or special investigators under
  Article 2.122, Code of Criminal Procedure, and neither section
  prohibits a peace officer or special investigator from carrying a
  weapon in this state, including in an establishment in this state
  serving the public, regardless of whether the peace officer or
  special investigator is engaged in the actual discharge of the
  officer's or investigator'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;
               (4)  an active judicial officer as defined by Section
  411.201, Government Code, who is licensed to carry a concealed
  handgun under Subchapter H, Chapter 411, Government Code;
               (5)  an honorably retired peace officer, qualified
  retired law enforcement officer, [or] federal criminal
  investigator, or former reserve law enforcement officer who holds a
  certificate of proficiency issued under Section 1701.357,
  Occupations Code, and is carrying a photo identification that is
  issued by a federal, state, or local law enforcement agency, as
  applicable, and that[:
                     [(A)]  verifies that the officer is:
                     (A)  an honorably retired peace officer;
                     (B)  a qualified retired law enforcement officer;
                     (C)  a federal criminal investigator; or
                     (D)  a former reserve law enforcement officer who
  has served in that capacity not less than a total of 15 years with
  one or more state or local law enforcement agencies [after not less
  than 15 years of service as a commissioned officer; and
                     [(B)     is issued by a state or local law
  enforcement agency];
               (6)  a district attorney, criminal district attorney,
  county attorney, or municipal attorney who is licensed to carry a
  concealed handgun under Subchapter H, Chapter 411, Government Code;
               (7)  an assistant district attorney, assistant
  criminal district attorney, or assistant county attorney who is
  licensed to carry a concealed handgun under Subchapter H, Chapter
  411, Government Code;
               (8)  a bailiff designated by an active judicial officer
  as defined by Section 411.201, Government Code, who is:
                     (A)  licensed to carry a concealed handgun under
  Chapter 411, Government Code; and
                     (B)  engaged in escorting the judicial officer; or
               (9)  a juvenile probation officer who is authorized to
  carry a firearm under Section 142.006, Human Resources Code.
         SECTION 5.  The change in law made by this Act to Section
  46.15, Penal Code, applies only to an offense committed on or after
  the effective date of this Act. An offense committed before the
  effective date of this Act is governed by the law in effect on the
  date the offense was committed, and the former law is continued in
  effect for that purpose. For purposes of this section, an offense
  was committed before the effective date of this Act if any element
  of the offense occurred before that date.
         SECTION 6.  This Act takes effect September 1, 2013.
 
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