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AN ACT
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relating to the demonstration of weapons proficiency by qualified |
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retired law enforcement officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1701.357, Occupations Code, is amended |
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by amending Subsections (a) and (c-1) and adding Subsections (b-1), |
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(b-2), (c-2), and (f-1) to read as follows: |
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(a) In this section: |
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(1) "Qualified handgun instructor" means a person |
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certified as a qualified handgun instructor under Section 411.190, |
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Government Code. |
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(2) "Qualified[, "qualified] retired law enforcement |
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officer" has the meaning assigned by 18 U.S.C. Section 926C. |
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(b-1) The commission shall issue a certificate of |
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proficiency to a qualified retired law enforcement officer who: |
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(1) satisfactorily demonstrates weapons proficiency |
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to a qualified handgun instructor under Subsection (b-2); |
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(2) provides to the commission a sworn affidavit |
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stating that: |
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(A) the officer meets the requirements for a |
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qualified retired law enforcement officer under 18 U.S.C. Section |
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926C; |
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(B) the officer's license as a qualified law |
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enforcement officer was not revoked or suspended for any period |
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during the officer's term of service; and |
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(C) the officer has no psychological or physical |
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disability that would interfere with the officer's proper handling |
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of a handgun; and |
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(3) otherwise satisfies the applicable procedures |
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established by the commission under Subsection (c-1). |
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(b-2) A qualified handgun instructor may allow any |
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qualified retired law enforcement officer an opportunity to |
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demonstrate weapons proficiency if the officer provides to the |
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instructor a copy of the sworn affidavit described by Subsection |
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(b-1)(2). |
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(c-1) The commission shall establish written procedures and |
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forms for qualified handgun instructors regarding the manner in |
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which demonstrations are conducted and the communication of |
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demonstration results to the commission and for the issuance or |
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denial of certificates of proficiency to qualified retired law |
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enforcement officers. The commission shall maintain records of any |
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person who holds a certificate issued under Subsection (b-1). |
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(c-2) For purposes of this section, proof that an individual |
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is a qualified retired law enforcement officer may include a |
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retired peace officer identification card issued under Subchapter |
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H, Chapter 614, Government Code, or other form of identification as |
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described by 18 U.S.C. Section 926C(d). |
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(f-1) A qualified handgun instructor may collect a |
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reasonable fee for the purpose of evaluating a demonstration of |
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weapons proficiency under this section. |
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SECTION 2. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 198 passed the Senate on |
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April 9, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 198 passed the House on |
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May 26, 2021, by the following vote: Yeas 146, Nays 1, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |