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A BILL TO BE ENTITLED
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AN ACT
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relating to a license to carry a handgun for active and retired |
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railroad peace officers and for special rangers of the Texas and |
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Southwestern Cattle Raisers Association. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 411.199(a), (b), and (c), Government |
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Code, are amended to read as follows: |
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(a) The following peace officers may apply for a license |
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issued under this subchapter at any time after retirement: |
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(1) a [A] person who is licensed as a peace officer |
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under Chapter 1701, Occupations Code, and who has been employed |
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full-time as a peace officer by a law enforcement agency; |
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(2) a railroad peace officer appointed by the director |
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under Article 2.121, Code of Criminal Procedure, who holds a |
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certificate of authority issued by the director under that article |
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and a peace officer license issued by the Texas Commission on Law |
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Enforcement; or |
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(3) a special ranger of the Texas and Southwestern |
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Cattle Raisers Association appointed by the director under Article |
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2.125, Code of Criminal Procedure, who holds a certificate of |
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authority issued by the director under that article and a peace |
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officer license issued by the Texas Commission on Law Enforcement |
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[may apply for a license under this subchapter at any time after
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retirement]. |
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(b) The person shall submit two complete sets of legible and |
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classifiable fingerprints and a sworn statement from the head of |
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the law enforcement agency that employed [employing] the applicant |
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or other former employer of the applicant, as applicable. A head of |
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a law enforcement agency or other former employer may not refuse to |
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issue a statement under this subsection. If the applicant alleges |
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that the statement is untrue, the department shall investigate the |
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validity of the statement. The statement must include: |
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(1) the name and rank of the applicant; |
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(2) the status of the applicant before retirement; |
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(3) whether [or not] the applicant was accused of |
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misconduct at the time of the retirement; |
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(4) the physical and mental condition of the |
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applicant; |
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(5) the type of weapons the applicant had demonstrated |
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proficiency with during the last year of employment; |
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(6) whether the applicant would be eligible for |
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reemployment with the agency or employer, and if not, the reasons |
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the applicant is not eligible; and |
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(7) a recommendation from the agency head or the |
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employer regarding the issuance of a license under this subchapter. |
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(c) The department may issue a license issued under this |
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subchapter to an applicant under this section if the applicant is |
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honorably retired and physically and emotionally fit to possess a |
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handgun. In this subsection, "honorably retired" means the |
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applicant: |
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(1) did not retire in lieu of any disciplinary action; |
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(2) was eligible to retire from the law enforcement |
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agency or other former employer or was ineligible to retire only as |
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a result of an injury received in the course of the applicant's |
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employment [with the agency]; and |
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(3) for a peace officer described by Subsection |
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(a)(1), is entitled to receive a pension or annuity for service as a |
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law enforcement officer or is not entitled to receive a pension or |
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annuity only because the law enforcement agency that employed the |
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applicant does not offer a pension or annuity to its employees. |
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SECTION 2. Sections 411.1991(a), (a-1), and (b-1), |
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Government Code, are amended to read as follows: |
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(a) A person may apply for a license issued under this |
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subchapter if the person [who] is: |
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(1) licensed as a peace officer under Chapter 1701, |
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Occupations Code, and employed as a peace officer by a law |
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enforcement agency; |
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(2) a railroad peace officer appointed by the director |
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under Article 2.121, Code of Criminal Procedure, who holds a |
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certificate of authority issued by the director under that article |
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and a peace officer license issued by the Texas Commission on Law |
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Enforcement; |
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(3) a special ranger of the Texas and Southwestern |
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Cattle Raisers Association appointed by the director under Article |
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2.125, Code of Criminal Procedure, who holds a certificate of |
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authority issued by the director under that article and a peace |
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officer license issued by the Texas Commission on Law |
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Enforcement;[,] or |
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(4) [who is] a member of the Texas military forces, |
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excluding Texas State Guard members who are serving in the Texas |
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Legislature[, may apply for a license under this subchapter]. |
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(a-1) An applicant who is a peace officer described by |
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Subsection (a)(1), (2), or (3) shall submit to the department: |
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(1) the name and rank of the applicant; and |
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(2) a current copy of the applicant's [peace officer] |
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license issued by the Texas Commission on Law Enforcement and |
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evidence of employment as a peace officer, railroad peace officer, |
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or special ranger, as applicable. |
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(b-1) An applicant under this section who is a peace officer |
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described by Subsection (a)(1), (2), or (3) and who complies with |
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Subsection (a-1) and the other requirements of this subchapter is |
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not required to complete the handgun proficiency course described |
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by Section 411.188 to obtain a license issued under this |
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subchapter. |
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SECTION 3. This Act takes effect September 1, 2019. |