By: Craddick, Torres (Senate Sponsor - Hegar) H.B. No. 242
(In the Senate - Received from the House May 13, 2011;
May 13, 2011, read first time and referred to Committee on Criminal
Justice; May 21, 2011, reported favorably by the following vote:
Yeas 6, Nays 0; May 21, 2011, sent to printer.)
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 1701.357(b), Occupations Code, is
amended to read as follows:
(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.
SECTION 2. 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, a qualified
retired law enforcement officer, or a 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;
(B) a qualified retired law enforcement officer;
or
(C) a federal criminal investigator [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 3. 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 4. This Act takes effect September 1, 2011.
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