H.B. No. 1552
 
 
 
 
AN ACT
  relating to the firearms training for and weapons proficiency of
  and the carrying of a handgun or other firearm by county jailers and
  qualified retired law enforcement officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter F, Chapter 1701, Occupations Code, is
  amended by adding Section 1701.2561 to read as follows:
         Sec. 1701.2561.  FIREARMS TRAINING FOR COUNTY JAILERS.
  (a)  The commission shall develop a basic training program in the
  use of firearms by county jailers.  The program must provide
  instruction in:
               (1)  legal limitations on the use of firearms and on the
  powers and authority of jailers;
               (2)  range firing and procedure;
               (3)  firearms safety and maintenance; and
               (4)  other topics determined by the commission to be
  necessary for the responsible use of firearms by jailers.
         (b)  The commission shall administer the training program
  and shall issue a certificate of firearms proficiency to each
  county jailer the commission determines has successfully completed
  the program.
         (c)  A county jailer who is issued a certificate of firearms
  proficiency and who maintains weapons proficiency in accordance
  with Section 1701.355 may carry a firearm:
               (1)  during the course of performing duties as a county
  jailer, including while transporting persons confined in the county
  jail; and
               (2)  while traveling to or from the jailer's place of
  assignment.
         SECTION 2.  Section 1701.355, Occupations Code, is amended
  by adding Subsection (a-1) and amending Subsection (b) to read as
  follows:
         (a-1)  An agency that employs one or more county jailers who
  have been issued a certificate of firearms proficiency under
  Section 1701.2561 shall designate a firearms proficiency officer
  and require the jailers to demonstrate weapons proficiency to the
  firearms proficiency officer at least annually.  The agency shall
  maintain records of the weapons proficiency of the agency's
  jailers.  A county jailer's failure to demonstrate weapons
  proficiency does not affect the county jailer's license under this
  chapter.
         (b)  On request, the commission may waive the requirement
  that a peace officer or county jailer demonstrate weapons
  proficiency on a determination by the commission that the
  requirement causes a hardship.
         SECTION 3.  The heading to Section 1701.357, Occupations
  Code, is amended to read as follows:
         Sec. 1701.357.  WEAPONS PROFICIENCY FOR QUALIFIED [CERTAIN]
  RETIRED [PEACE OFFICERS AND FEDERAL LAW ENFORCEMENT OFFICERS AND
  FOR FORMER RESERVE] LAW ENFORCEMENT OFFICERS.
         SECTION 4.  Section 1701.357, Occupations Code, is amended
  by amending Subsections (a), (b), (c), (c-1), (d), (h), and (i) and
  adding Subsection (a-1) to read as follows:
         (a)  In this section, "qualified retired law enforcement
  officer" has the meaning assigned by 18 U.S.C. Section 926C.
         (a-1)  This section applies only to[:
               [(1)  a peace officer;
               [(2)     a federal criminal investigator designated as a
  special investigator under Article 2.122, Code of Criminal
  Procedure;
               [(3)]  a qualified retired law enforcement officer who
  is entitled to carry a concealed firearm under 18 U.S.C. Section
  926C [and is not otherwise described by Subdivision (1) or (2); and
               [(4)     a former reserve law enforcement officer who
  served in that capacity not less than a total of 15 years with one or
  more state or local law enforcement agencies].
         (b)  The head of a state or local law enforcement agency may
  allow a qualified retired law enforcement officer who is a [an
  honorably] retired commissioned 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 10 [15] years of cumulative service as a commissioned officer
  with one or more state or local law enforcement agencies; or
                     (B)  before completing 10 [15] years of cumulative 
  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.
         (c)  The state or local law enforcement agency shall
  establish written procedures for the issuance or denial of a
  certificate of proficiency under this subsection [section].  The
  agency shall issue the certificate to a retired commissioned peace
  officer who satisfactorily demonstrates weapons proficiency under
  Subsection (b)[, provides proof that the officer is entitled to
  receive a pension or annuity for service with a state or local law
  enforcement agency or is not entitled to receive a pension or
  annuity only because the law enforcement agency that employed the
  retired officer does not offer a pension or annuity to its retired
  employees,] and satisfies the written procedures established by the
  agency.  [The agency shall issue the certificate to a person
  described by Subsection (a)(4)     who satisfactorily demonstrates
  weapons proficiency under Subsection (b-1).]  The agency shall
  maintain records of any person who holds a certificate issued under
  this subsection [section].
         (c-1)  For purposes of this section [Subsection (c)], proof
  that an individual [a retired officer] is a qualified retired law
  enforcement officer [entitled to receive a pension or annuity or is
  not entitled to receive a pension or annuity only because the agency
  that last employed the retired officer does not offer a pension or
  annuity] may include a retired peace officer identification card
  issued under Subchapter H, Chapter 614, Government Code, or other
  form of identification as described by 18 U.S.C. Section 926C(d).
         (d)  A certificate issued under this section expires on the
  first [second] anniversary of the date the certificate was issued.  
  [A person to whom this section applies may request an annual
  evaluation of weapons proficiency and issuance of a certificate of
  proficiency as needed to comply with applicable federal or other
  laws.]
         (h)  The head of a state law enforcement agency may allow [an
  honorably retired federal criminal investigator or] a qualified
  retired law enforcement officer, other than a retired commissioned
  peace officer, [to whom this section applies] an opportunity to
  demonstrate weapons proficiency in the same manner as, and subject
  to the same requirements applicable to, a [an honorably] retired
  commissioned peace officer as described by Subsection (b) [this
  section].  The agency shall establish written procedures for the
  issuance or denial of a certificate of proficiency under this
  subsection.  The agency shall issue a certificate of proficiency to
  [an honorably retired federal criminal investigator or] a qualified
  retired law enforcement officer who satisfactorily demonstrates
  weapons proficiency under this subsection and satisfies the written
  procedures established by the agency.  The agency [otherwise meets
  the requirements of this section and] shall maintain records
  regarding the issuance of that certificate.
         (i)  On request of a qualified [an honorably] retired law
  enforcement officer who holds a certificate of  proficiency under
  this section, the head of the state or local law enforcement agency
  from which the officer retired or most recently separated shall
  issue to the [retired] officer identification that indicates that
  the officer honorably retired or separated from the agency.  An
  identification under this subsection must include a photograph of
  the [retired] officer.
         SECTION 5.  Sections 411.1992(a) and (c), Government Code,
  are amended to read as follows:
         (a)  A person who served as a reserve law enforcement
  officer, as defined by Section 1701.001, Occupations Code, not less
  than a total of 10 [15] years of cumulative service with one or more
  state or local law enforcement agencies may apply for a license
  under this subchapter at any time.
         (c)  The department may issue a license under this subchapter
  to an applicant under this section if the applicant was a reserve
  law enforcement officer for not less than a total of 10 [15] years
  of cumulative service with one or more state or local law
  enforcement agencies and is physically and emotionally fit to
  possess a handgun.
         SECTION 6.  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 handgun under
  Subchapter H, Chapter 411, Government Code;
               (5)  an honorably retired peace officer or other[,]
  qualified retired law enforcement officer, as defined by 18 U.S.C.
  Section 926C, [federal criminal investigator, or former reserve law
  enforcement officer] 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 verifies that the
  officer is[:
                     [(A)]  an honorably retired peace officer or
  other[;
                     [(B)  a] qualified retired law enforcement
  officer;
                     [(C)  a federal criminal investigator; or
                     [(D)     a former reserve law enforcement officer who
  has served in that capacity not less than a total of 15 years with
  one or more state or local law enforcement agencies;]
               (6)  the attorney general or a United States attorney,
  district attorney, criminal district attorney, county attorney, or
  municipal attorney who is licensed to carry a handgun under
  Subchapter H, Chapter 411, Government Code;
               (7)  an assistant United States attorney, assistant
  attorney general, assistant district attorney, assistant criminal
  district attorney, or assistant county attorney who is licensed to
  carry a 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 handgun under Subchapter
  H, Chapter 411, Government Code; and
                     (B)  engaged in escorting the judicial officer;
               (9)  a juvenile probation officer who is authorized to
  carry a firearm under Section 142.006, Human Resources Code; or
               (10)  a person who is volunteer emergency services
  personnel if the person is:
                     (A)  carrying a handgun under the authority of
  Subchapter H, Chapter 411, Government Code; and
                     (B)  engaged in providing emergency services.
         SECTION 7.  The following provisions are repealed:
               (1)  Section 411.1992(e), Government Code; and
               (2)  Sections 1701.357(b-1) and (j), Occupations Code.
         SECTION 8.  The changes in law made by this Act to Section
  1701.357, Occupations Code, apply only to an application for a
  weapons proficiency certificate under Section 1701.357,
  Occupations Code, filed on or after September 1, 2019. An
  application for a weapons proficiency certificate under Section
  1701.357, Occupations Code, filed before September 1, 2019, is
  governed by the law in effect on the date the application was filed,
  and the former law is continued in effect for that purpose.
         SECTION 9.  The change in law made by this Act to Section
  411.1992, Government Code, applies only to a person who applies for
  a license to carry a handgun under that section on or after the
  effective date of this Act. A person who applies for a license to
  carry a handgun before the effective date of this Act is governed by
  the law in effect on the date the person applied for the license,
  and the former law is continued in effect for that purpose.
         SECTION 10.  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 11.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1552 was passed by the House on May 3,
  2019, by the following vote:  Yeas 140, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1552 on May 23, 2019, by the following vote:  Yeas 142, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1552 was passed by the Senate, with
  amendments, on May 19, 2019, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor