83R11274 JRR-D
 
  By: Craddick H.B. No. 3370
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of certain retired peace officers to
  carry certain firearms.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1701.357(b), Occupations Code, is
  amended to read as follows:
         (b)  The head of a state or local law enforcement agency may
  allow an honorably retired peace officer an opportunity to
  demonstrate weapons proficiency if the retired officer provides to
  the agency a sworn affidavit stating that:
               (1)  the officer:
                     (A)  honorably retired after not less than a total
  of 15 years of service as a commissioned officer with one or more
  state or local law enforcement agencies; or
                     (B)  before completing 15 years of service as a
  commissioned officer with one or more state or local law
  enforcement agencies, separated from employment with the agency or
  agencies and is a qualified retired law enforcement officer, as
  defined by 18 U.S.C. Section 926C;
               (2)  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
               (3)  the officer has no psychological or physical
  disability that would interfere with the officer's proper handling
  of a handgun.
         SECTION 2.  Section 46.15(a), Penal Code, is amended to read
  as follows:
         (a)  Sections 46.02 and 46.03 do not apply to:
               (1)  peace officers or special investigators under
  Article 2.122, Code of Criminal Procedure, and neither section
  prohibits a peace officer or special investigator from carrying a
  weapon in this state, including in an establishment in this state
  serving the public, regardless of whether the peace officer or
  special investigator is engaged in the actual discharge of the
  officer's or investigator's duties while carrying the weapon;
               (2)  parole officers and neither section prohibits an
  officer from carrying a weapon in this state if the officer is:
                     (A)  engaged in the actual discharge of the
  officer's duties while carrying the weapon; and
                     (B)  in compliance with policies and procedures
  adopted by the Texas Department of Criminal Justice regarding the
  possession of a weapon by an officer while on duty;
               (3)  community supervision and corrections department
  officers appointed or employed under Section 76.004, Government
  Code, and neither section prohibits an officer from carrying a
  weapon in this state if the officer is:
                     (A)  engaged in the actual discharge of the
  officer's duties while carrying the weapon; and
                     (B)  authorized to carry a weapon under Section
  76.0051, Government Code;
               (4)  an active judicial officer as defined by Section
  411.201, Government Code, who is licensed to carry a concealed
  handgun under Subchapter H, Chapter 411, Government Code;
               (5)  an honorably retired peace officer, a qualified
  retired law enforcement officer, or a federal criminal investigator
  who holds a certificate of proficiency issued under Section
  1701.357, Occupations Code, and is carrying a photo identification
  that is issued by a federal, state, or local law enforcement agency,
  as applicable, and that[:
                     [(A)]  verifies that the officer is:
                     (A)  an honorably retired peace officer;
                     (B)  a qualified retired law enforcement officer;
  or
                     (C)  a federal criminal investigator [after not
  less than 15 years of service as a commissioned officer; and
                     [(B)     is issued by a state or local law
  enforcement agency];
               (6)  a district attorney, criminal district attorney,
  county attorney, or municipal attorney who is licensed to carry a
  concealed handgun under Subchapter H, Chapter 411, Government Code;
               (7)  an assistant district attorney, assistant
  criminal district attorney, or assistant county attorney who is
  licensed to carry a concealed handgun under Subchapter H, Chapter
  411, Government Code;
               (8)  a bailiff designated by an active judicial officer
  as defined by Section 411.201, Government Code, who is:
                     (A)  licensed to carry a concealed handgun under
  Chapter 411, Government Code; and
                     (B)  engaged in escorting the judicial officer; or
               (9)  a juvenile probation officer who is authorized to
  carry a firearm under Section 142.006, Human Resources Code.
         SECTION 3.  The change in law made by this Act to Section
  46.15, Penal Code, applies only to an offense committed on or after
  the effective date of this Act. An offense committed before the
  effective date of this Act is governed by the law in effect on the
  date the offense was committed, and the former law is continued in
  effect for that purpose. For purposes of this section, an offense
  was committed before the effective date of this Act if any element
  of the offense occurred before that date.
         SECTION 4.  This Act takes effect September 1, 2013.