HBA-DMD H.B. 2644 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2644
By: Uher
Public Safety
444/16/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Under current state law, an honorably retired peace officer who has been
employed at one agency for no less than ten years and who is eligible for a
pension may apply for a concealed handgun permit within one year of
retirement at a reduced application fee. However, the current definition of
"honorably retired" does not take into consideration those peace officers
who were forced to retire before completing ten years of service due to an
injury received in the line of duty and those officers that served in
smaller communities that do not offer pensions or annuities for their
retired officers.  

H.B. 2644 authorizes a peace officer who has been employed full-time as a
peace officer by a law enforcement agency to apply for a license to carry a
concealed handgun at any time after retirement. This bill also deletes the
provision stating that the application for a license must be made no later
than the first anniversary after the date of retirement. It also modifies
the definition of "honorably discharged" to include those peace officers
who were ineligible to retire due to an injury received in the line of duty
and those peace officers who are not entitled to receive a pension or
annuity because their law enforcement agency does not offer pensions or
annuities for their retired officers.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 411.199(a) and (c), Government Code, as follows:

(a) Authorizes a person who is licensed as a peace officer under Chapter
415 (Commission on Law Enforcement Officer Standards and Education),
Government Code, and who has been employed full-time as a peace officer by
a law enforcement agency to apply for a license to carry a concealed
handgun at any time after retirement, rather than on retirement. Deletes
the provision stating that the application for a license must be made no
later than the first anniversary after the date of retirement. 

(c) Modifies the existing definition of "honorably retired" in this
subsection. 

SECTION 2.Makes application of this Act prospective. 

SECTION 3.Effective date: September 1, 1999. 

SECTION 4.Emergency clause.  

EXPLANATION OF AMENDMENTS

Amendment #1

This amendment modifies the proposed amendment to Section 411.199(c)(2),
Government Code, in SECTION 1 to modify the existing definition of
"honorably retired" to authorize the Department of Public Safety to issue a
concealed handgun license to an applicant, if the applicant also satisfies
the other required conditions.