82R393 MAW-D
By: Craddick H.B. No. 242
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain retired peace officers to
carry certain firearms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 614.121, Government Code, as added by
Chapter 938 (H.B. 3613), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
Sec. 614.121. DEFINITIONS. (a) In this subchapter:
(1) "Full-time peace officer" means a person elected,
employed, or appointed as a peace officer under Article 2.12, Code
of Criminal Procedure, or other law, who:
(A) works as a peace officer on average at least
32 hours per week, exclusive of paid vacation; and
(B) is compensated by this state or a political
subdivision of this state at least at the federal minimum wage and
is entitled to all employee benefits offered to a peace officer by
the state or political subdivision.
(2) "Honorably retired peace officer" means a former
peace officer who:
(A) previously served but is not currently
serving as an elected, appointed, or employed peace officer under
Article 2.12, Code of Criminal Procedure, or other law;
(B) did not retire in lieu of any disciplinary
action;
(C) was eligible to retire from a law enforcement
agency in this state or was ineligible to retire only as a result of
an injury received in the course of the officer's employment with
the agency; and
(D) is eligible to receive a pension or annuity
for service as a law enforcement officer in this state or is
ineligible to receive a pension or annuity only because the law
enforcement agency that employed the officer does not offer a
pension or annuity to its employees.
(3) "Part-time peace officer" means a person elected,
employed, or appointed as a peace officer under Article 2.12, Code
of Criminal Procedure, or other law, who:
(A) works as a peace officer on average less than
32 hours per week, exclusive of paid vacation; and
(B) is compensated by this state or a political
subdivision of this state at least at the federal minimum wage and
is entitled to all employee benefits offered to a peace officer by
the state or political subdivision.
(4) "Reserve law enforcement officer" has the meaning
assigned by Section 1701.001, Occupations Code.
(b) In this subchapter, "honorably retired peace officer"
includes a qualified retired law enforcement officer, as defined by
18 U.S.C. Section 926C, who is not otherwise described by
Subsection (a)(2).
SECTION 2. Section 614.124(a), Government Code, as added by
Chapter 938 (H.B. 3613), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(a) The law enforcement agency or other governmental entity
that was the last entity to appoint or employ an honorably retired
peace officer as a peace officer shall [may] issue an
identification card to its honorably retired peace officers.
SECTION 3. 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) a judge or justice of a federal court, 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;
(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 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, as
defined by Section 614.121, Government Code; or
(B) a federal criminal investigator described by
Article 2.122, Code of Criminal Procedure [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 4. Subchapter H, Chapter 614, Government Code, as
added by Chapter 1187 (H.B. 638), Acts of the 80th Legislature,
Regular Session, 2007, is repealed.
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 when 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, 2011.