HBA-DMD C.S.H.B. 3430 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3430 By: Ritter Public Safety 4/30/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, the Public Safety Commission may appoint only honorably retired commissioned officers of the Department of Public Safety as special rangers. C.S.H.B. 3430 authorizes the Commission on Law Enforcement Officer Standards and Education (TCLEOSE) to appoint an officer of a municipal police department, a sheriff's department, or a constable's department as a special retired peace officer who has met certain conditions. In addition, this bill requires a special retired peace officer, before being issued a commission, to enter into a good and sufficient bond in the amount of $2,500 that indemnifies all persons against damages resulting from an unlawful act of the officer. This bill also provides that a special retired peace officer is not entitled to compensation from the state or a local law enforcement agency for service as a special retired peace officer. It prohibits a person who is a special retired peace officer from being required to undergo training. C.S.H.B. 3430 requires a local law enforcement agency to allow a special retired peace officer appointed or an applicant for appointment as a special retired peace officer, an opportunity to demonstrate weapons proficiency annually. This bill requires TCLEOSE to adopt rules for the administration of this section and to set fees that the local law enforcement agency is authorized to collect in order to recover the expenses the agency incurs in performing duties. In addition, this bill authorizes a person with an active commission as a special retired peace officer to be appointed to any position in a police department on reactivation of that person's peace officer's license. 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 3 (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) Specifies the conditions under which the Commission on Law Enforcement Officer Standards and Education (TCLEOSE) is authorized to appoint an officer of a municipal police department, a sheriff's department, or a constable's department as a special retired peace officer. (b) Subjects a special retired peace officer to the orders of TCLEOSE, the governor, and the agency from which the officer retired, for special duty to the same extent as other law enforcement officers, except that a special retired peace officer is authorized only to enforce a law designed to protect life and property and is prohibited from enforcing Subtitle C (Rules of the Road), Title 7 (Vehicles and Traffic), Transportation Code. (c) Requires a special retired peace officer, before being issued a commission, to enter into a good and sufficient bond in the amount of $2,500 that indemnifies all persons against damages resulting from an unlawful act of the officer, that is executed by a surety company that is authorized to do business in this state, and is approved by TCLEOSE. (d) Authorizes a department from which a special retired peace officer retired to be liable for an unlawful act of that officer only when the officer has been called by the department for special duty under Subsection (b). (e) Provides that a special retired peace officer is not entitled to compensation from the state or the department from which the officer retired for service as a special retired peace officer under Subsection (b). (f) Provides that a special retired peace officer commission expires January 1 of the first odd-numbered year after appointment and on January 1 of each subsequent year. Provides that the commission is renewed automatically on resubmission of a bond as required under Subsection (c). Authorizes TCLEOSE to revoke a special retired peace officer commission at any time for cause. SECTION 2. Amends Section 415.034(e), Government Code, to prohibit a person who is a special retired peace officer under Section 415.067, Government Code, from being required to undergo training under Subsection (b). SECTION 3. 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 a state or local law enforcement agency to allow a special retired peace officer appointed under Section 415.067, Government Code, or an applicant for appointment as a special retired peace officer, an opportunity to demonstrate weapons proficiency annually as defined by TCLEOSE under Section 415.035 (Weapons Proficiency), Government Code. (b) Requires the state or local law enforcement agency to issue a certificate of proficiency to a special retired peace officer or an applicant for appointment as a special retired peace officer who satisfactorily demonstrates weapons proficiency under Subsection (a). Requires the agency to maintain records of any special retired peace officer or applicant who holds a certificate issued under this section. (c) Sets forth that a certificate issued under this section expires on the first anniversary of the date the certificate was issued. Provides that a certificate issued under this section has no effect other than to satisfy the weapons proficiency requirement for a special retired peace officer under Section 415.067 or an applicant for appointment as a special retired peace officer. (d) Requires TCLEOSE to adopt rules necessary for the administration of this section and to set fees that a state or local law enforcement agency is authorized to collect in order to recover the expenses the agency incurs in performing duties under this section. SECTION 4. Amends Section 415.052(c), Government Code, to prohibit TCLEOSE from requiring additional training or testing to reactivate the peace officer's license of a person with an active commission as a special retired peace officer under Section 415.067. SECTION 5. Amends Subchapter B, Chapter 143, Local Government Code, by adding Section 143.0225, as follows: Sec. 143.0225. SPECIAL RETIRED PEACE OFFICERS. (a) Authorizes a person with an active commission as a special retired peace officer under Section 415.067, Government Code, to be appointed to any position in a police department on reactivation of that person's peace officer's license under Section 415.052 (Granting of License), Government Code. (b) Authorizes a special retired peace officer appointed to a position in a police department under Subsection (a) to be required to take any physical, mental, or other examination required under this chapter for the position to which that person is appointed. (c) Provides that a special retired peace officer who is appointed to a beginning position in a police department under Subsection (a) is not required to fulfill basic training requirements under Subchapter B (Education), Chapter 415 (Commission on Law Enforcement Officer Standards and Education), Government Code, and the maximum age requirements of Section 143.023 (Eligibility for Beginning Position), Government Code, do not apply to the officer. SECTION 6. Amends Section 46.15, Penal Code, by adding Subsection (e), to provide that the provision of Section 46.02 (Unlawful Carrying Weapons), Penal Code, prohibiting the carrying of a handgun does not apply to a person who, at the time of the commission of the offense, holds a commission as a special retired peace officer under Section 415.067, Government Code. SECTION 7. Amends Article 2.12, Code of Criminal Procedure, to include a special retired peace officers commissioned under Section 415.067, Government Code, among the enumerated list of those who are peace officers. SECTION 8. Requires TCLEOSE to adopt the rules and establish the fees required by Section 415.0351, Government Code, as added by this Act, not later than January 1, 2000. SECTION 9.Effective date: September 1, 1999. SECTION 10.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE This substitute modifies proposed Section 415.067, Government Code, in SECTION 1, to authorize the Commission on Law Enforcement Officer Standards and Education (TCLEOSE) to appoint as a special retired peace officer, an officer of a municipal police department, a sheriff's department, or a constable's department (appointee), rather than a retired officer of a local law enforcement agency. This substitute modifies the conditions under which an officer may become an appointee, to add that the appointee is eligible to receive a pension on account of the person's service as a commissioned officer, whose license as a peace officer was not revoked or suspended for any period of time, who has no psychological or physical disability that would interfere with handling a handgun, and who obtains a handgun certificate under Section 411.189 (Handgun Proficiency Certificate), Government Code. Makes nonsubstantive changes. Also, in SECTION 1: This substitute modifies proposed Subsection (b), to authorize a special retired peace officer to enforce a law designed to protect life and property and to prohibit a special retired peace officer from enforcing, rather than arresting a person for the violation of, Subtitle C (Rules of the Road), Title 7 (Vehicles and Traffic), Transportation Code. This substitute redesignates proposed Subsections (d) and (e) to proposed Subsections (e) and (f), respectively. This substitute adds new Subsection (d), to authorize a department from which a special retired peace officer retired to be liable for an unlawful act of that officer only when the officer has been called by the department for a certain special duty. This substitute modifies proposed Subsection (e), to make a conforming change. This substitute modifies proposed Subsection (f), to specify that a special retired peace officer commission expires on January 1 of each year, as well as on the first oddnumbered year after appointment. Makes nonsubstantive changes. This substitute further amends Section 415.034(e), Government Code, in SECTION 2, to prohibit a person who is a special retired peace officer under Section 415.067, Government Code, from being required to undergo specified training, whereas the original bill prohibited an honorably retired commissioned officer, rather than an honorably retired commissioned officer of the Department of Public Safety, who is a special ranger under Section 411.023 (Special Rangers), Government Code, or a person who is a special retired peace officer under Section 415.067 and who has not reactivated the person's peace officer's license under Section 415.052(c) (Granting of License), Government Code, from being required to undergo specified training. This substitute modifies proposed Section 415.0351, Government Code, in SECTION 3, to remove the condition that the chief law enforcement officer of the agency from which the officer retired, provide the officer with a certain statement written within the preceding 12-month period, in order to authorize, rather than require, a state or local law, rather than just local, enforcement agency to allow a special retired peace officer appointed under Section 415.067 or an applicant for appointment as a special retired peace officer, an opportunity to demonstrate weapons proficiency annually as defined by TCLEOSE under Section 415.035 (Weapons Proficiency), Government Code. Makes conforming and nonsubstantive changes. This substitute modifies proposed Section 46.15(e), Penal Code, in SECTION 6, to provide that the provision of Section 46.02 (Unlawful Carrying Weapons), Penal Code, prohibiting the carrying of a handgun does not apply to a person who, at the time of the commission of the offense, holds a commission as a special retired peace officer under Section 415.067, Government Code, rather than who was the holder of a certificate issued under Section 415.0351, Government Code.