Texas 2019 - 86th Regular

Texas House Bill HB1552 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1552
	1	+	By: Paul, Guillen, Thompson of Brazoria H.B. No. 1552
	2	+	(Senate Sponsor - Schwertner)
	3	+	(In the Senate - Received from the House May 6, 2019;
	4	+	May 7, 2019, read first time and referred to Committee on State
	5	+	Affairs; May 14, 2019, reported favorably by the following vote:
	6	+	Yeas 9, Nays 0; May 14, 2019, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5		-	relating to the firearms training for and weapons proficiency of
6		-	and the carrying of a handgun or other firearm by county jailers and
7		-	qualified retired law enforcement officers.
	12	+	relating to the weapons proficiency of and the carrying of a handgun
	13	+	by qualified retired law enforcement officers.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9		-	SECTION 1. Subchapter F, Chapter 1701, Occupations Code, is
10		-	amended by adding Section 1701.2561 to read as follows:
11		-	Sec. 1701.2561. FIREARMS TRAINING FOR COUNTY JAILERS.
12		-	(a) The commission shall develop a basic training program in the
13		-	use of firearms by county jailers. The program must provide
14		-	instruction in:
15		-	(1) legal limitations on the use of firearms and on the
16		-	powers and authority of jailers;
17		-	(2) range firing and procedure;
18		-	(3) firearms safety and maintenance; and
19		-	(4) other topics determined by the commission to be
20		-	necessary for the responsible use of firearms by jailers.
21		-	(b) The commission shall administer the training program
22		-	and shall issue a certificate of firearms proficiency to each
23		-	county jailer the commission determines has successfully completed
24		-	the program.
25		-	(c) A county jailer who is issued a certificate of firearms
26		-	proficiency and who maintains weapons proficiency in accordance
27		-	with Section 1701.355 may carry a firearm:
28		-	(1) during the course of performing duties as a county
29		-	jailer, including while transporting persons confined in the county
30		-	jail; and
31		-	(2) while traveling to or from the jailer's place of
32		-	assignment.
33		-	SECTION 2. Section 1701.355, Occupations Code, is amended
34		-	by adding Subsection (a-1) and amending Subsection (b) to read as
35		-	follows:
36		-	(a-1) An agency that employs one or more county jailers who
37		-	have been issued a certificate of firearms proficiency under
38		-	Section 1701.2561 shall designate a firearms proficiency officer
39		-	and require the jailers to demonstrate weapons proficiency to the
40		-	firearms proficiency officer at least annually. The agency shall
41		-	maintain records of the weapons proficiency of the agency's
42		-	jailers. A county jailer's failure to demonstrate weapons
43		-	proficiency does not affect the county jailer's license under this
44		-	chapter.
45		-	(b) On request, the commission may waive the requirement
46		-	that a peace officer or county jailer demonstrate weapons
47		-	proficiency on a determination by the commission that the
48		-	requirement causes a hardship.
49		-	SECTION 3. The heading to Section 1701.357, Occupations
	15	+	SECTION 1. The heading to Section 1701.357, Occupations
50	16		Code, is amended to read as follows:
51	17		Sec. 1701.357. WEAPONS PROFICIENCY FOR QUALIFIED [CERTAIN]
52	18		RETIRED [PEACE OFFICERS AND FEDERAL LAW ENFORCEMENT OFFICERS AND
53	19		FOR FORMER RESERVE] LAW ENFORCEMENT OFFICERS.
54		-	SECTION 4. Section 1701.357, Occupations Code, is amended
	20	+	SECTION 2. Section 1701.357, Occupations Code, is amended
55	21		by amending Subsections (a), (b), (c), (c-1), (d), (h), and (i) and
56	22		adding Subsection (a-1) to read as follows:
57	23		(a) In this section, "qualified retired law enforcement
58	24		officer" has the meaning assigned by 18 U.S.C. Section 926C.
59	25		(a-1) This section applies only to[:
60	26		[(1) a peace officer;
61	27		[(2) a federal criminal investigator designated as a
62	28		special investigator under Article 2.122, Code of Criminal
63	29		Procedure;
64	30		[(3)] a qualified retired law enforcement officer who
65	31		is entitled to carry a concealed firearm under 18 U.S.C. Section
66	32		926C [and is not otherwise described by Subdivision (1) or (2); and
67	33		[(4) a former reserve law enforcement officer who
68	34		served in that capacity not less than a total of 15 years with one or
69	35		more state or local law enforcement agencies].
70	36		(b) The head of a state or local law enforcement agency may
71	37		allow a qualified retired law enforcement officer who is a [an
72	38		honorably] retired commissioned peace officer an opportunity to
73	39		demonstrate weapons proficiency if the [retired] officer provides
74	40		to the agency a sworn affidavit stating that:
75	41		(1) the officer:
76	42		(A) honorably retired after not less than a total
77	43		of 10 [15] years of cumulative service as a commissioned officer
78	44		with one or more state or local law enforcement agencies; or
79	45		(B) before completing 10 [15] years of cumulative
80	46		service as a commissioned officer with one or more state or local
81	47		law enforcement agencies, separated from employment with the agency
82	48		or agencies and is a qualified retired law enforcement officer[, as
83	49		defined by 18 U.S.C. Section 926C];
84	50		(2) the officer's license as a commissioned officer
85	51		was not revoked or suspended for any period during the officer's
86	52		term of service as a commissioned officer; and
87	53		(3) the officer has no psychological or physical
88	54		disability that would interfere with the officer's proper handling
89	55		of a handgun.
90	56		(c) The state or local law enforcement agency shall
91	57		establish written procedures for the issuance or denial of a
92	58		certificate of proficiency under this subsection [section]. The
93	59		agency shall issue the certificate to a retired commissioned peace
94	60		officer who satisfactorily demonstrates weapons proficiency under
95	61		Subsection (b)[, provides proof that the officer is entitled to
96	62		receive a pension or annuity for service with a state or local law
97	63		enforcement agency or is not entitled to receive a pension or
98	64		annuity only because the law enforcement agency that employed the
99	65		retired officer does not offer a pension or annuity to its retired
100	66		employees,] and satisfies the written procedures established by the
101	67		agency. [The agency shall issue the certificate to a person
102	68		described by Subsection (a)(4) who satisfactorily demonstrates
103	69		weapons proficiency under Subsection (b-1).] The agency shall
104	70		maintain records of any person who holds a certificate issued under
105	71		this subsection [section].
106	72		(c-1) For purposes of this section [Subsection (c)], proof
107	73		that an individual [a retired officer] is a qualified retired law
108	74		enforcement officer [entitled to receive a pension or annuity or is
109	75		not entitled to receive a pension or annuity only because the agency
110	76		that last employed the retired officer does not offer a pension or
111	77		annuity] may include a retired peace officer identification card
112	78		issued under Subchapter H, Chapter 614, Government Code, or other
113	79		form of identification as described by 18 U.S.C. Section 926C(d).
114	80		(d) A certificate issued under this section expires on the
115	81		first [second] anniversary of the date the certificate was issued.
116	82		[A person to whom this section applies may request an annual
117	83		evaluation of weapons proficiency and issuance of a certificate of
118	84		proficiency as needed to comply with applicable federal or other
119	85		laws.]
120	86		(h) The head of a state law enforcement agency may allow [an
121	87		honorably retired federal criminal investigator or] a qualified
122	88		retired law enforcement officer, other than a retired commissioned
123	89		peace officer, [to whom this section applies] an opportunity to
124	90		demonstrate weapons proficiency in the same manner as, and subject
125	91		to the same requirements applicable to, a [an honorably] retired
126	92		commissioned peace officer as described by Subsection (b) [this
127	93		section]. The agency shall establish written procedures for the
128	94		issuance or denial of a certificate of proficiency under this
129	95		subsection. The agency shall issue a certificate of proficiency to
130	96		[an honorably retired federal criminal investigator or] a qualified
131	97		retired law enforcement officer who satisfactorily demonstrates
132	98		weapons proficiency under this subsection and satisfies the written
133	99		procedures established by the agency. The agency [otherwise meets
134	100		the requirements of this section and] shall maintain records
135	101		regarding the issuance of that certificate.
136	102		(i) On request of a qualified [an honorably] retired law
137	103		enforcement officer who holds a certificate of proficiency under
138	104		this section, the head of the state or local law enforcement agency
139	105		from which the officer retired or most recently separated shall
140	106		issue to the [retired] officer identification that indicates that
141	107		the officer honorably retired or separated from the agency. An
142	108		identification under this subsection must include a photograph of
143	109		the [retired] officer.
144		-	SECTION 5. Sections 411.1992(a) and (c), Government Code,
	110	+	SECTION 3. Sections 411.1992(a) and (c), Government Code,
145	111		are amended to read as follows:
146	112		(a) A person who served as a reserve law enforcement
147	113		officer, as defined by Section 1701.001, Occupations Code, not less
148	114		than a total of 10 [15] years of cumulative service with one or more
149	115		state or local law enforcement agencies may apply for a license
150	116		under this subchapter at any time.
151	117		(c) The department may issue a license under this subchapter
152	118		to an applicant under this section if the applicant was a reserve
153	119		law enforcement officer for not less than a total of 10 [15] years
154	120		of cumulative service with one or more state or local law
155	121		enforcement agencies and is physically and emotionally fit to
156	122		possess a handgun.
157		-	SECTION 6. Section 46.15(a), Penal Code, is amended to read
	123	+	SECTION 4. Section 46.15(a), Penal Code, is amended to read
158	124		as follows:
159	125		(a) Sections 46.02 and 46.03 do not apply to:
160	126		(1) peace officers or special investigators under
161	127		Article 2.122, Code of Criminal Procedure, and neither section
162	128		prohibits a peace officer or special investigator from carrying a
163	129		weapon in this state, including in an establishment in this state
164	130		serving the public, regardless of whether the peace officer or
165	131		special investigator is engaged in the actual discharge of the
166	132		officer's or investigator's duties while carrying the weapon;
167	133		(2) parole officers, and neither section prohibits an
168	134		officer from carrying a weapon in this state if the officer is:
169	135		(A) engaged in the actual discharge of the
170	136		officer's duties while carrying the weapon; and
171	137		(B) in compliance with policies and procedures
172	138		adopted by the Texas Department of Criminal Justice regarding the
173	139		possession of a weapon by an officer while on duty;
174	140		(3) community supervision and corrections department
175	141		officers appointed or employed under Section 76.004, Government
176	142		Code, and neither section prohibits an officer from carrying a
177	143		weapon in this state if the officer is:
178	144		(A) engaged in the actual discharge of the
179	145		officer's duties while carrying the weapon; and
180	146		(B) authorized to carry a weapon under Section
181	147		76.0051, Government Code;
182	148		(4) an active judicial officer as defined by Section
183	149		411.201, Government Code, who is licensed to carry a handgun under
184	150		Subchapter H, Chapter 411, Government Code;
185	151		(5) an honorably retired peace officer or other[,]
186	152		qualified retired law enforcement officer, as defined by 18 U.S.C.
187	153		Section 926C, [federal criminal investigator, or former reserve law
188	154		enforcement officer] who holds a certificate of proficiency issued
189	155		under Section 1701.357, Occupations Code, and is carrying a photo
190	156		identification that is issued by a federal, state, or local law
191	157		enforcement agency, as applicable, and that verifies that the
192	158		officer is[:
193	159		[(A)] an honorably retired peace officer or
194	160		other[;
195	161		[(B) a] qualified retired law enforcement
196	162		officer;
197	163		[(C) a federal criminal investigator; or
198	164		[(D) a former reserve law enforcement officer who
199	165		has served in that capacity not less than a total of 15 years with
200	166		one or more state or local law enforcement agencies;]
201	167		(6) the attorney general or a United States attorney,
202	168		district attorney, criminal district attorney, county attorney, or
203	169		municipal attorney who is licensed to carry a handgun under
204	170		Subchapter H, Chapter 411, Government Code;
205	171		(7) an assistant United States attorney, assistant
206	172		attorney general, assistant district attorney, assistant criminal
207	173		district attorney, or assistant county attorney who is licensed to
208	174		carry a handgun under Subchapter H, Chapter 411, Government Code;
209	175		(8) a bailiff designated by an active judicial officer
210	176		as defined by Section 411.201, Government Code, who is:
211	177		(A) licensed to carry a handgun under Subchapter
212	178		H, Chapter 411, Government Code; and
213	179		(B) engaged in escorting the judicial officer;
214	180		(9) a juvenile probation officer who is authorized to
215	181		carry a firearm under Section 142.006, Human Resources Code; or
216	182		(10) a person who is volunteer emergency services
217	183		personnel if the person is:
218	184		(A) carrying a handgun under the authority of
219	185		Subchapter H, Chapter 411, Government Code; and
220	186		(B) engaged in providing emergency services.
221		-	SECTION 7. The following provisions are repealed:
	187	+	SECTION 5. The following provisions are repealed:
222	188		(1) Section 411.1992(e), Government Code; and
223	189		(2) Sections 1701.357(b-1) and (j), Occupations Code.
224		-	SECTION 8. The changes in law made by this Act to Section
	190	+	SECTION 6. The changes in law made by this Act to Section
225	191		1701.357, Occupations Code, apply only to an application for a
226	192		weapons proficiency certificate under Section 1701.357,
227	193		Occupations Code, filed on or after September 1, 2019. An
228	194		application for a weapons proficiency certificate under Section
229	195		1701.357, Occupations Code, filed before September 1, 2019, is
230	196		governed by the law in effect on the date the application was filed,
231	197		and the former law is continued in effect for that purpose.
232		-	SECTION 9. The change in law made by this Act to Section
	198	+	SECTION 7. The change in law made by this Act to Section
233	199		411.1992, Government Code, applies only to a person who applies for
234	200		a license to carry a handgun under that section on or after the
235	201		effective date of this Act. A person who applies for a license to
236	202		carry a handgun before the effective date of this Act is governed by
237	203		the law in effect on the date the person applied for the license,
238	204		and the former law is continued in effect for that purpose.
239		-	SECTION 10. The change in law made by this Act to Section
	205	+	SECTION 8. The change in law made by this Act to Section
240	206		46.15, Penal Code, applies only to an offense committed on or after
241	207		the effective date of this Act. An offense committed before the
242	208		effective date of this Act is governed by the law in effect on the
243	209		date the offense was committed, and the former law is continued in
244	210		effect for that purpose. For purposes of this section, an offense
245	211		was committed before the effective date of this Act if any element
246	212		of the offense occurred before that date.
247		-	SECTION 11. This Act takes effect September 1, 2019.
248		-	______________________________ ______________________________
249		-	President of the Senate Speaker of the House
250		-	I certify that H.B. No. 1552 was passed by the House on May 3,
251		-	2019, by the following vote: Yeas 140, Nays 0, 2 present, not
252		-	voting; and that the House concurred in Senate amendments to H.B.
253		-	No. 1552 on May 23, 2019, by the following vote: Yeas 142, Nays 0,
254		-	1 present, not voting.
255		-	______________________________
256		-	Chief Clerk of the House
257		-	I certify that H.B. No. 1552 was passed by the Senate, with
258		-	amendments, on May 19, 2019, by the following vote: Yeas 31, Nays
259		-	0.
260		-	______________________________
261		-	Secretary of the Senate
262		-	APPROVED: __________________
263		-	Date
264		-	__________________
265		-	Governor
	213	+	SECTION 9. This Act takes effect September 1, 2019.
	214	+	* * * * *