Bill Text: TX HB3706 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a license to carry a handgun for active and retired railroad peace officers and for special rangers of the Texas and Southwestern Cattle Raisers Association.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB3706 Detail]
Download: Texas-2019-HB3706-Comm_Sub.html
Bill Title: Relating to a license to carry a handgun for active and retired railroad peace officers and for special rangers of the Texas and Southwestern Cattle Raisers Association.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB3706 Detail]
Download: Texas-2019-HB3706-Comm_Sub.html
By: Dean (Senate Sponsor - Hughes) | H.B. No. 3706 | |
(In the Senate - Received from the House April 29, 2019; | ||
April 29, 2019, read first time and referred to Committee on State | ||
Affairs; May 16, 2019, reported favorably by the following vote: | ||
Yeas 9, Nays 0; May 16, 2019, sent to printer.) | ||
|
||
|
||
relating to a license to carry a handgun for active and retired | ||
railroad peace officers and for special rangers of the Texas and | ||
Southwestern Cattle Raisers Association. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 411.199(a), (b), and (c), Government | ||
Code, are amended to read as follows: | ||
(a) The following peace officers may apply for a license | ||
issued under this subchapter at any time after retirement: | ||
(1) a [ |
||
under Chapter 1701, Occupations Code, and who has been employed | ||
full-time as a peace officer by a law enforcement agency; | ||
(2) a railroad peace officer appointed by the director | ||
under Article 2.121, Code of Criminal Procedure, who holds a | ||
certificate of authority issued by the director under that article | ||
and a peace officer license issued by the Texas Commission on Law | ||
Enforcement; or | ||
(3) a special ranger of the Texas and Southwestern | ||
Cattle Raisers Association appointed by the director under Article | ||
2.125, Code of Criminal Procedure, who holds a certificate of | ||
authority issued by the director under that article and a peace | ||
officer license issued by the Texas Commission on Law Enforcement | ||
[ |
||
|
||
(b) The person shall submit two complete sets of legible and | ||
classifiable fingerprints and a sworn statement from the head of | ||
the law enforcement agency that employed [ |
||
or other former employer of the applicant, as applicable. A head of | ||
a law enforcement agency or other former employer may not refuse to | ||
issue a statement under this subsection. If the applicant alleges | ||
that the statement is untrue, the department shall investigate the | ||
validity of the statement. The statement must include: | ||
(1) the name and rank of the applicant; | ||
(2) the status of the applicant before retirement; | ||
(3) whether [ |
||
misconduct at the time of the retirement; | ||
(4) the physical and mental condition of the | ||
applicant; | ||
(5) the type of weapons the applicant had demonstrated | ||
proficiency with during the last year of employment; | ||
(6) whether the applicant would be eligible for | ||
reemployment with the agency or employer, and if not, the reasons | ||
the applicant is not eligible; and | ||
(7) a recommendation from the agency head or the | ||
employer regarding the issuance of a license under this subchapter. | ||
(c) The department may issue a license issued under this | ||
subchapter to an applicant under this section if the applicant is | ||
honorably retired and physically and emotionally fit to possess a | ||
handgun. In this subsection, "honorably retired" means the | ||
applicant: | ||
(1) did not retire in lieu of any disciplinary action; | ||
(2) was eligible to retire from the law enforcement | ||
agency or other former employer or was ineligible to retire only as | ||
a result of an injury received in the course of the applicant's | ||
employment [ |
||
(3) for a peace officer described by Subsection | ||
(a)(1), is entitled to receive a pension or annuity for service as a | ||
law enforcement officer or is not entitled to receive a pension or | ||
annuity only because the law enforcement agency that employed the | ||
applicant does not offer a pension or annuity to its employees. | ||
SECTION 2. Sections 411.1991(a), (a-1), and (b-1), | ||
Government Code, are amended to read as follows: | ||
(a) A person may apply for a license issued under this | ||
subchapter if the person [ |
||
(1) licensed as a peace officer under Chapter 1701, | ||
Occupations Code, and employed as a peace officer by a law | ||
enforcement agency; | ||
(2) a railroad peace officer appointed by the director | ||
under Article 2.121, Code of Criminal Procedure, who holds a | ||
certificate of authority issued by the director under that article | ||
and a peace officer license issued by the Texas Commission on Law | ||
Enforcement; | ||
(3) a special ranger of the Texas and Southwestern | ||
Cattle Raisers Association appointed by the director under Article | ||
2.125, Code of Criminal Procedure, who holds a certificate of | ||
authority issued by the director under that article and a peace | ||
officer license issued by the Texas Commission on Law | ||
Enforcement;[ |
||
(4) [ |
||
excluding Texas State Guard members who are serving in the Texas | ||
Legislature[ |
||
(a-1) An applicant who is a peace officer described by | ||
Subsection (a)(1), (2), or (3) shall submit to the department: | ||
(1) the name and rank of the applicant; and | ||
(2) a current copy of the applicant's [ |
||
license issued by the Texas Commission on Law Enforcement and | ||
evidence of employment as a peace officer, railroad peace officer, | ||
or special ranger, as applicable. | ||
(b-1) An applicant under this section who is a peace officer | ||
described by Subsection (a)(1), (2), or (3) and who complies with | ||
Subsection (a-1) and the other requirements of this subchapter is | ||
not required to complete the handgun proficiency course described | ||
by Section 411.188 to obtain a license issued under this | ||
subchapter. | ||
SECTION 3. This Act takes effect September 1, 2019. | ||
* * * * * |