HBA-NLM H.B. 191 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 191
By: Longoria
Public Safety
4/6/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, honorably retired peace officers  are  prohibited from carrying
a weapon upon retirement unless they fulfill the requirements of the Texas
concealed weapon law.  Many of these officers are proficient and
experienced with weapons after many years of service and hours of training.
H.B.191 allows such an officer to carry a weapon by meeting established
requirements for appointment as a special retired peace officer
demonstrating weapons proficiency annually, and entering into a bond
agreement for indemnification purposes.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Commission on Law Enforcement
Officer Standards and Education in Section 2 (Section 415.0351, Government
Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C,  Chapter 415, Government Code, by adding
Section 415.067, as follows: 

Sec.  415.067.  SPECIAL RETIRED PEACE OFFICERS.  (a)  Authorizes the
Commission on Law Enforcement Officer Standards and Education (commission)
to appoint as a special retired peace officer a retired officer of the
Department of Public Safety (DPS) or a local law enforcement agency
(agency) who is honorably retired after 15 years of service as a
commissioned officer and who satisfies the weapons proficiency requirement
of Section 415.0351 (Weapons Proficiency for Certain Retired Peace
Officers). 

(b)  Provides that a special retired peace officer is subject to the orders
of the commission, the governor, and the agency from which the officer
retired for special duty to the same extent as other law enforcement
officers.  Prohibits a special retired peace officer from arresting a
person for a violation of Subtitle C (Rules of the Road), Title 7 (Vehicles
and Traffic), Transportation Code. 

(c)  Requires a special retired peace officer to enter into a good and
sufficient bond executed by a surety company authorized to do business in
the state in the amount of $2,500, that is approved by the commission and
which compensates all persons against damages resulting from an unlawful
act of the officer.  

(d)  Provides that a special retired peace officer is not entitled to
compensation from the state for that service. 

(e)  Provides that a special retired peace officer commission ends January
1 of the first odd-numbered year after the appointment and is automatically
renewed upon the resubmission of a bond as required  under Subsection (c).
Authorizes the commission to revoke a special retired peace officer
commission for cause. 

SECTION 2.  Amends Subchapter B, Chapter 415, Government Code, by adding
Section 415.0351, as follows: 
 
Sec. 415.0351. WEAPONS PROFICIENCY FOR CERTAIN RETIRED PEACE OFFICERS.  (a)
Authorizes DPS or an agency to allow an honorably retired commissioned
officer of DPS or an agency an opportunity to annually demonstrate weapons
proficiency as defined under Section 415.035, if the chief law enforcement
officer of the agency from which the officer retired provides the officer
with a written statement that the officer's license was not revoked or
suspended and the officer has no psychological or physical disability that
would interfere with the proper handling of a handgun. 

(b)  Requires DPS or an agency to issue a certificate of proficiency to a
retired officer who satisfactorily demonstrates weapons proficiency under
Subsection (a) and to maintain records of any retired officer issued a
yearly certificate under this section.     

(c)  Requires the commission to adopt rules for the administration of this
section and to set fees for the collection by DPS or an agency of expenses
incurred while performing duties under this section.  

SECTION 3.  Amends Section 46.15, Penal Code, by adding Subsection (e) to
exempt a holder of a certificate issued under Section 415.0351, Government
Code,  from the provisions of Section 46.02 (Unlawful Carrying Weapons),
which prohibit the carrying of a handgun. 

SECTION 4.  Amends Article 2.12, Code of Criminal Procedure, to add special
retired peace officers commissioned under Section 415.067, Government Code,
to the list of persons designated as peace officers.  Makes conforming and
nonsubstantive changes. 

SECTION 5.  Requires the commission to adopt rules and establish fees under
Section 415.0351 by January 1, 2000. 

SECTION 6.  Effective date:  September 1, 1999.

SECTION 7.  Emergency clause.