87R2538 JSC-D
By: Nelson S.B. No. 198
A BILL TO BE ENTITLED
AN ACT
relating to the demonstration of weapons proficiency by qualified
retired law enforcement officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1701.357, Occupations Code, is amended
by amending Subsections (a) and (c-1) and adding Subsections (b-1),
(b-2), (c-2), and (f-1) to read as follows:
(a) In this section:
(1) "Qualified handgun instructor" means a person
certified as a qualified handgun instructor under Section 411.190,
Government Code.
(2) "Qualified[, "qualified] retired law enforcement
officer" has the meaning assigned by 18 U.S.C. Section 926C.
(b-1) The commission shall issue a certificate of
proficiency to a qualified retired law enforcement officer who:
(1) satisfactorily demonstrates weapons proficiency
to a qualified handgun instructor under Subsection (b-2);
(2) provides to the commission a sworn affidavit
stating that:
(A) the officer meets the requirements for a
qualified retired law enforcement officer under 18 U.S.C. Section
926C;
(B) the officer's license as a qualified law
enforcement officer was not revoked or suspended for any period
during the officer's term of service; and
(C) the officer has no psychological or physical
disability that would interfere with the officer's proper handling
of a handgun; and
(3) otherwise satisfies the applicable procedures
established by the commission under Subsection (c-1).
(b-2) A qualified handgun instructor may allow any
qualified retired law enforcement officer an opportunity to
demonstrate weapons proficiency if the officer provides to the
instructor a copy of the sworn affidavit described by Subsection
(b-1)(2).
(c-1) The commission shall establish written procedures and
forms for qualified handgun instructors regarding the manner in
which demonstrations are conducted and the communication of
demonstration results to the commission and for the issuance or
denial of certificates of proficiency to qualified retired law
enforcement officers. The commission shall maintain records of any
person who holds a certificate issued under Subsection (b-1).
(c-2) For purposes of this section, proof that an individual
is a qualified retired law enforcement officer 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).
(f-1) A qualified handgun instructor may collect a
reasonable fee for the purpose of evaluating a demonstration of
weapons proficiency under this section.
SECTION 2. This Act takes effect September 1, 2021.