Bill Text: TX HB1552 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: 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.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB1552 Detail]
Download: Texas-2019-HB1552-Enrolled.html
H.B. No. 1552 |
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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 [ |
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RETIRED [ |
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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[ |
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is entitled to carry a concealed firearm under 18 U.S.C. Section | ||
926C [ |
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(b) The head of a state or local law enforcement agency may | ||
allow a qualified retired law enforcement officer who is a [ |
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demonstrate weapons proficiency if the [ |
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to the agency a sworn affidavit stating that: | ||
(1) the officer: | ||
(A) honorably retired after not less than a total | ||
of 10 [ |
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with one or more state or local law enforcement agencies; or | ||
(B) before completing 10 [ |
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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[ |
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(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 [ |
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agency shall issue the certificate to a retired commissioned peace | ||
officer who satisfactorily demonstrates weapons proficiency under | ||
Subsection (b)[ |
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agency. [ |
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maintain records of any person who holds a certificate issued under | ||
this subsection [ |
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(c-1) For purposes of this section [ |
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that an individual [ |
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enforcement officer [ |
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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 [ |
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[ |
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(h) The head of a state law enforcement agency may allow [ |
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retired law enforcement officer, other than a retired commissioned | ||
peace officer, [ |
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demonstrate weapons proficiency in the same manner as, and subject | ||
to the same requirements applicable to, a [ |
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commissioned peace officer as described by Subsection (b) [ |
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issuance or denial of a certificate of proficiency under this | ||
subsection. The agency shall issue a certificate of proficiency to | ||
[ |
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retired law enforcement officer who satisfactorily demonstrates | ||
weapons proficiency under this subsection and satisfies the written | ||
procedures established by the agency. The agency [ |
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regarding the issuance of that certificate. | ||
(i) On request of a qualified [ |
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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 [ |
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the officer honorably retired or separated from the agency. An | ||
identification under this subsection must include a photograph of | ||
the [ |
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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 [ |
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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 [ |
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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[ |
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qualified retired law enforcement officer, as defined by 18 U.S.C. | ||
Section 926C, [ |
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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[ |
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other[ |
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officer; | ||
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(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 |