4 | 6 | | AN ACT |
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5 | 7 | | relating to the demonstration of weapons proficiency by qualified |
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6 | 8 | | retired law enforcement officers. |
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7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 10 | | SECTION 1. Section 1701.357, Occupations Code, is amended |
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9 | 11 | | by amending Subsections (a) and (c-1) and adding Subsections (b-1), |
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10 | 12 | | (b-2), (c-2), and (f-1) to read as follows: |
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11 | 13 | | (a) In this section: |
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12 | 14 | | (1) "Qualified handgun instructor" means a person |
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13 | 15 | | certified as a qualified handgun instructor under Section 411.190, |
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14 | 16 | | Government Code. |
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15 | 17 | | (2) "Qualified[, "qualified] retired law enforcement |
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16 | 18 | | officer" has the meaning assigned by 18 U.S.C. Section 926C. |
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17 | 19 | | (b-1) The commission shall issue a certificate of |
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18 | 20 | | proficiency to a qualified retired law enforcement officer who: |
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19 | 21 | | (1) satisfactorily demonstrates weapons proficiency |
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20 | 22 | | to a qualified handgun instructor under Subsection (b-2); |
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21 | 23 | | (2) provides to the commission a sworn affidavit |
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22 | 24 | | stating that: |
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23 | 25 | | (A) the officer meets the requirements for a |
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24 | 26 | | qualified retired law enforcement officer under 18 U.S.C. Section |
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25 | 27 | | 926C; |
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26 | 28 | | (B) the officer's license as a qualified law |
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27 | 29 | | enforcement officer was not revoked or suspended for any period |
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28 | 30 | | during the officer's term of service; and |
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29 | 31 | | (C) the officer has no psychological or physical |
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30 | 32 | | disability that would interfere with the officer's proper handling |
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31 | 33 | | of a handgun; and |
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32 | 34 | | (3) otherwise satisfies the applicable procedures |
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33 | 35 | | established by the commission under Subsection (c-1). |
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34 | 36 | | (b-2) A qualified handgun instructor may allow any |
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35 | 37 | | qualified retired law enforcement officer an opportunity to |
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36 | 38 | | demonstrate weapons proficiency if the officer provides to the |
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37 | 39 | | instructor a copy of the sworn affidavit described by Subsection |
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38 | 40 | | (b-1)(2). |
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39 | 41 | | (c-1) The commission shall establish written procedures and |
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40 | 42 | | forms for qualified handgun instructors regarding the manner in |
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41 | 43 | | which demonstrations are conducted and the communication of |
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42 | 44 | | demonstration results to the commission and for the issuance or |
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43 | 45 | | denial of certificates of proficiency to qualified retired law |
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44 | 46 | | enforcement officers. The commission shall maintain records of any |
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45 | 47 | | person who holds a certificate issued under Subsection (b-1). |
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46 | 48 | | (c-2) For purposes of this section, proof that an individual |
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47 | 49 | | is a qualified retired law enforcement officer may include a |
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48 | 50 | | retired peace officer identification card issued under Subchapter |
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49 | 51 | | H, Chapter 614, Government Code, or other form of identification as |
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50 | 52 | | described by 18 U.S.C. Section 926C(d). |
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51 | 53 | | (f-1) A qualified handgun instructor may collect a |
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52 | 54 | | reasonable fee for the purpose of evaluating a demonstration of |
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53 | 55 | | weapons proficiency under this section. |
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54 | 56 | | SECTION 2. This Act takes effect September 1, 2021. |
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55 | | - | ______________________________ ______________________________ |
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56 | | - | President of the Senate Speaker of the House |
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57 | | - | I hereby certify that S.B. No. 198 passed the Senate on |
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58 | | - | April 9, 2021, by the following vote: Yeas 31, Nays 0. |
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59 | | - | ______________________________ |
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60 | | - | Secretary of the Senate |
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61 | | - | I hereby certify that S.B. No. 198 passed the House on |
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62 | | - | May 26, 2021, by the following vote: Yeas 146, Nays 1, two |
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63 | | - | present not voting. |
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64 | | - | ______________________________ |
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65 | | - | Chief Clerk of the House |
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66 | | - | Approved: |
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67 | | - | ______________________________ |
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68 | | - | Date |
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69 | | - | ______________________________ |
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70 | | - | Governor |
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