86R19417 JSC-D
By: Paul H.B. No. 1552
Substitute the following for H.B. No. 1552:
By: Calanni C.S.H.B. No. 1552
A BILL TO BE ENTITLED
AN ACT
relating to the weapons proficiency of and the carrying of a handgun
by qualified retired law enforcement officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 1701.357, Occupations
Code, is amended to read as follows:
Sec. 1701.357. WEAPONS PROFICIENCY FOR QUALIFIED [CERTAIN]
RETIRED [PEACE OFFICERS AND FEDERAL LAW ENFORCEMENT OFFICERS AND
FOR FORMER RESERVE] LAW ENFORCEMENT OFFICERS.
SECTION 2. Section 1701.357, Occupations Code, is amended
by amending Subsections (a), (b), (c), (c-1), (d), (h), and (i) and
adding Subsection (a-1) to read as follows:
(a) In this section, "qualified retired law enforcement
officer" has the meaning assigned by 18 U.S.C. Section 926C.
(a-1) 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;
[(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 a qualified retired law enforcement officer who is a [an
honorably] retired commissioned 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 10 [15] years of cumulative service as a commissioned officer
with one or more state or local law enforcement agencies; or
(B) before completing 10 [15] years of cumulative
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.
(c) The state or local law enforcement agency shall
establish written procedures for the issuance or denial of a
certificate of proficiency under this subsection [section]. The
agency shall issue the certificate to a retired commissioned peace
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 who holds a certificate issued under
this subsection [section].
(c-1) For purposes of this section [Subsection (c)], proof
that an individual [a retired officer] is a qualified retired law
enforcement officer [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, or other
form of identification as described by 18 U.S.C. Section 926C(d).
(d) A certificate issued under this section expires on the
first [second] anniversary of the date the certificate was issued.
[A person 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.]
(h) The head of a state law enforcement agency may allow [an
honorably retired federal criminal investigator or] a qualified
retired law enforcement officer, other than a retired commissioned
peace officer, [to whom this section applies] an opportunity to
demonstrate weapons proficiency in the same manner as, and subject
to the same requirements applicable to, a [an honorably] retired
commissioned peace officer as described by Subsection (b) [this
section]. The agency shall establish written procedures for the
issuance or denial of a certificate of proficiency under this
subsection. The agency shall issue a certificate of proficiency to
[an honorably retired federal criminal investigator or] a qualified
retired law enforcement officer who satisfactorily demonstrates
weapons proficiency under this subsection and satisfies the written
procedures established by the agency. The agency [otherwise meets
the requirements of this section and] shall maintain records
regarding the issuance of that certificate.
(i) On request of a qualified [an honorably] retired law
enforcement officer who holds a certificate of proficiency under
this section, the head of the state or local law enforcement agency
from which the officer retired or most recently separated shall
issue to the [retired] officer identification that indicates that
the officer honorably retired or separated from the agency. An
identification under this subsection must include a photograph of
the [retired] officer.
SECTION 3. Sections 411.1992(a) and (c), Government Code,
are amended to read as follows:
(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 10 [15] years of cumulative service with one or more
state or local law enforcement agencies may apply for a license
under this subchapter at any time.
(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 10 [15] years
of cumulative service with one or more state or local law
enforcement agencies and is physically and emotionally fit to
possess a handgun.
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 handgun under
Subchapter H, Chapter 411, Government Code;
(5) an honorably retired peace officer or other[,]
qualified retired law enforcement officer, as defined by 18 U.S.C.
Section 926C, [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 verifies that the
officer is[:
[(A)] an honorably retired peace officer or
other[;
[(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;]
(6) the attorney general or a United States attorney,
district attorney, criminal district attorney, county attorney, or
municipal attorney who is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
(7) an assistant United States attorney, assistant
attorney general, assistant district attorney, assistant criminal
district attorney, or assistant county attorney who is licensed to
carry a 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 handgun under Subchapter
H, Chapter 411, Government Code; and
(B) engaged in escorting the judicial officer;
(9) a juvenile probation officer who is authorized to
carry a firearm under Section 142.006, Human Resources Code; or
(10) a person who is volunteer emergency services
personnel if the person is:
(A) carrying a handgun under the authority of
Subchapter H, Chapter 411, Government Code; and
(B) engaged in providing emergency services.
SECTION 5. The following provisions are repealed:
(1) Section 411.1992(e), Government Code; and
(2) Sections 1701.357(b-1) and (j), Occupations Code.
SECTION 6. The changes in law made by this Act to Section
1701.357, Occupations Code, apply only to an application for a
weapons proficiency certificate under Section 1701.357,
Occupations Code, filed on or after September 1, 2019. An
application for a weapons proficiency certificate under Section
1701.357, Occupations Code, filed before September 1, 2019, is
governed by the law in effect on the date the application was filed,
and the former law is continued in effect for that purpose.
SECTION 7. The change in law made by this Act to Section
411.1992, Government Code, applies only to a person who applies for
a license to carry a handgun under that section on or after the
effective date of this Act. A person who applies for a license to
carry a handgun before the effective date of this Act is governed by
the law in effect on the date the person applied for the license,
and the former law is continued in effect for that purpose.
SECTION 8. 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 9. This Act takes effect September 1, 2019.