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.