HBA-CMT C.S.H.B. 169 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 169
By: Ritter
Public Safety
3/22/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Public Safety Commission is authorized to appoint honorably
retired commissioned officers of the Texas Department of Public Safety as
special rangers.  However, the Texas Commission on Law Enforcement Officer
Standards and Education (commission) is not currently authorized to appoint
retired law enforcement officers as honorably retired peace officers.
C.S.H.B. 169 authorizes the commission to appoint eligible officers as
honorably retired peace officers.  

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 1701.318,Occupations
Code) and in SECTION 8 of this bill. 

ANALYSIS

C.S.H.B. 169 amends the Occupations Code to authorize the Commission on Law
Enforcement Officer Standards and Education (commission) to license as an
honorably retired peace officer an officer of a municipal police
department, a sheriff's department, or a constable's department, and sets
forth eligibility criteria.  The commission or appointment of an honorably
retired peace officer becomes effective immediately on the date that the
commission licenses the officer as an honorably retired peace officer. 

The bill provides that an honorably retired peace officer is subject to the
orders of the governor and the law enforcement agency from which the
officer receives a commission or appointment to the same extent as any
other peace officer.  The bill authorizes an honorably retired peace
officer to only enforce laws designed to protect life and property and
prohibits the officer from enforcing laws pertaining to rules of the road.
The bill requires the officer to post bond with the commission in order to
be eligible for licensure in the amount of $5,000 and requires the bond to
be executed by a surety company that is authorized to do business in this
state and approved by the commission.  In addition, in order to be eligible
an officer must file an application and affidavit endorsed by the local law
enforcement agency from which the officer is retired or by the chief
administrator of another agency who has sufficient knowledge of the
officers service. The commission or appointment is effective immediately on
the date the commission licenses the officer. 

The bill provides that a law enforcement agency that calls an honorably
retired peace officer to duty may be liable for an unlawful act of an
officer committed in the course and scope of the officer's duty only when
the agency has called the officer for special duty.  The bill authorizes a
department that recalls an honorably retired peace officer for special duty
to compensate the officer.  The bill sets forth provisions for the
expiration and renewal of an honorably retired peace officer commission and
authorizes the commission to revoke a special retired peace officer
commission at any time for any cause.  The bill sets forth identification
requirements for an honorably retired peace officer when in the line of
duty.  The bill provides that the commissioners court may authorize a
sheriff or constable to appoint honorably retired peace officers, recall an
appointed honorably retired peace officer to duty, and may limit the number
of honorably retired peace officers appointed and recalled to duty (Sec.
1701.317).  

 The bill authorizes a state or local law enforcement agency to allow an
honorably retired peace officer or an applicant for appointment as an
honorably retired peace officer an opportunity to demonstrate weapons
proficiency on an annual basis and requires the agency to issue a
certificate of weapons proficiency.  The agency is required to maintain
records of an honorably retired peace officer or applicant who holds a
certificate and sets forth that a certificate of weapons proficiency
expires on the first anniversary of the date the certificate was issued.
The bill requires the commission to adopt rules necessary for the
administration of provisions relating to weapons proficiency and to set
fees that a state or local law enforcement agency may collect to recover
expenses necessary for the administration of these provisions (Sec.
1701.318).  The bill prohibits the commission from requiring additional
training or testing to reactivate the peace officer license of a person
holding an active commission as an honorably retired peace officer (Sec.
1701.316).  

The bill also amends the Code of Criminal Procedure to designate an
honorably retired peace officer as a peace officer in this state (Art.
2.12). 

The bill amends the Local Government Code to provide that a person holding
a license as an honorably retired peace officer commission may be appointed
to a position in a police department on reactivation of the person's peace
officer license.  The bill provides that an honorably retired peace officer
may be required to take physical, mental, or other examinations on
appointment to a position in a police department.  The bill provides that
an honorably retired peace officer who is appointed to an entry-level
position in a police department is not required to fulfill basic training
requirements and is not subject to the maximum age requirements (Sec.
143.0225).   

C.S.H.B. 169 also amends the Penal Code to add that the provision
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 an honorably
retired peace officer and holds either a weapons or a handgun proficiency
certificate 
(Sec. 46.15).

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B.169 modifies the original by renaming special retired peace
officers as honorably retired peace officers.  The substitute adds
provisions to the eligibility requirements to require an officer  to file
an endorsed affidavit and application from a law enforcement agency from
which the officer is retired or by the agency's chief administrator and to
increase the amount of the surety bond from $2,500 to $5,000. The
substitute provides that the commission or appointment becomes effective
immediately on the date that the commission licenses the officer as an
honorably retired peace officer.  The substitute provides that an honorably
retired peace officer may be compensated, whereas the original bill
specified that the officer was not entitled to compensation.  The
substitute adds personal identification requirements for an honorably
retired peace officer and provisions allowing constable's and sheriff's
departments to appoint honorably retired peace officers (Sec. 1701.317,
Occupations Code).