H.A.-CBW S.B. 1312 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1312 By: Staples Public Safety 5/9/2001 Engrossed BACKGROUND AND PURPOSE Current law prohibits a retired peace officer from carrying a weapon without a license to carry a concealed weapon. Senate Bill 1312 authorizes a state or local law enforcement agency to allow an honorably retired peace officer to demonstrate annually weapons proficiency to carry a weapon. 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 Senate Bill 1312 amends the Occupations Code to authorize a state or local law enforcement agency (agency) to allow an honorably retired peace officer an opportunity to demonstrate annually weapons proficiency if the retired officer provides to the agency a sworn affidavit stating that: _the officer honorably retired after not less than 20 years of service as a commissioned officer; _the officer's license as a commissioned officer was not revoked or suspended for any period during the officer's term of service as a commissioned officer; and _the officer has no psychological or physical disability that would interfere with the officer's proper handling of a handgun. The bill requires the agency to issue a certificate of proficiency to a retired officer who satisfactorily demonstrates weapons proficiency and to require the agency to maintain records of any retired officer who holds a certificate. The bill authorizes an agency to set and collect fees to recover the expenses the agency incurs in performing these duties. The certificate expires on the first anniversary of the date the certificate was issued. S.B. 1312 amends the Penal Code to allow an honorably retired and certified peace officer to carry the weapon in the same manner as a peace officer. EFFECTIVE DATE September 1, 2001.