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.