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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