HBA-TBM H.B. 780 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 780
By: Uher
Public Safety
7/9/2001
Enrolled



BACKGROUND AND PURPOSE 

Current law allows an honorably retired peace officer who has been employed
at one agency for not less than 10 years and who is eligible for a pension
to apply for a concealed handgun permit at a reduced application fee.
Prior to the 77th Legislature, the definition of "honorably retired" did
not take into consideration those peace officers who were forced to retire
after less than 10 years of service due to an injury received in the line
of duty, or those officers who served in smaller communities that do not
offer pensions or annuities for their retired officers.  House Bill 780
modifies the definition of  "honorably retired" for the purposes of the
concealed handgun statute to include officers who are eligible to retire or
ineligible to retire only because of an injury sustained during employment
and who are not entitled to receive a pension or annuity only because they
served in an agency that does not offer pension or annuities for its law
enforcement 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. 

ANALYSIS

House Bill 780 amends the Government Code to modify the definition of
"honorably retired" as it applies to a retired peace officer who is
applying for a license to carry a concealed handgun.  The bill deletes the
requirement that the applicant have been employed as a full-time peace
officer for not less than 10 years by one agency.  The bill requires the
applicant to have been eligible to retire from the law enforcement agency
or to have been ineligible only as a result of an injury received in the
course of the applicant's employment with the agency.  The bill further
clarifies that if the applicant is not entitled to receive a pension or
annuity because the law enforcement agency that employed the applicant does
not offer a pension or annuity to its employees, the peace officer is
considered honorably retired.     

EFFECTIVE DATE

September 1, 2001.