By: Nelson  S.B. No. 198
         (In the Senate - Filed November 16, 2020; March 3, 2021,
  read first time and referred to Committee on State Affairs;
  March 17, 2021, reported favorably by the following vote:  Yeas 9,
  Nays 0; March 17, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the demonstration of weapons proficiency by qualified
  retired law enforcement officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1701.357, Occupations Code, is amended
  by amending Subsections (a) and (c-1) and adding Subsections (b-1),
  (b-2), (c-2), and (f-1) to read as follows:
         (a)  In this section:
               (1)  "Qualified handgun instructor" means a person
  certified as a qualified handgun instructor under Section 411.190,
  Government Code.
               (2)  "Qualified[, "qualified] retired law enforcement
  officer" has the meaning assigned by 18 U.S.C. Section 926C.
         (b-1)  The commission shall issue a certificate of
  proficiency to a qualified retired law enforcement officer who:
               (1)  satisfactorily demonstrates weapons proficiency
  to a qualified handgun instructor under Subsection (b-2);
               (2)  provides to the commission a sworn affidavit
  stating that:
                     (A)  the officer meets the requirements for a
  qualified retired law enforcement officer under 18 U.S.C. Section
  926C;
                     (B)  the officer's license as a qualified law
  enforcement officer was not revoked or suspended for any period
  during the officer's term of service; and
                     (C)  the officer has no psychological or physical
  disability that would interfere with the officer's proper handling
  of a handgun; and
               (3)  otherwise satisfies the applicable procedures
  established by the commission under Subsection (c-1).
         (b-2)  A qualified handgun instructor may allow any
  qualified retired law enforcement officer an opportunity to
  demonstrate weapons proficiency if the officer provides to the
  instructor a copy of the sworn affidavit described by Subsection
  (b-1)(2).
         (c-1)  The commission shall establish written procedures and
  forms for qualified handgun instructors regarding the manner in
  which demonstrations are conducted and the communication of
  demonstration results to the commission and for the issuance or
  denial of certificates of proficiency to qualified retired law
  enforcement officers. The commission shall maintain records of any
  person who holds a certificate issued under Subsection (b-1).
         (c-2)  For purposes of this section, proof that an individual
  is a qualified retired law enforcement officer 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).
         (f-1)  A qualified handgun instructor may collect a
  reasonable fee for the purpose of evaluating a demonstration of
  weapons proficiency under this section.
         SECTION 2.  This Act takes effect September 1, 2021.
 
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