Occupations Code § 1701.357

Sec. 1701.357. WEAPONS PROFICIENCY FOR QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS. (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 retired law enforcement officer" has the meaning assigned by 18 U.S.C. Section 926C. (a-1) This section applies only to a qualified retired law enforcement officer who is entitled to carry a concealed firearm under 18 U.S.C. Section 926C. (b) The head of a state or local law enforcement agency may allow a qualified retired law enforcement officer who is a retired commissioned peace officer an opportunity to demonstrate weapons proficiency if the officer provides to the agency a sworn affidavit stating that: (1) the officer: (A) honorably retired after not less than a total of 10 years of cumulative service as a commissioned officer with one or more state or local law enforcement agencies; or (B) before completing 10 years of cumulative 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; (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. (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) The state or local law enforcement agency shall establish written procedures for the issuance or denial of a certificate of proficiency under this subsection. The agency shall issue the certificate to a retired commissioned peace officer who satisfactorily demonstrates weapons proficiency under Subsection (b) and satisfies the written procedures established by the agency. The agency shall maintain records of any person who holds a certificate issued under this subsection. (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). (d) A certificate issued under this section expires on the first anniversary of the date the certificate was issued. (e) The head of a state or local law enforcement agency may set and collect fees to recover the expenses the agency incurs in performing duties under this section. (f) The amount of a fee set by a county law enforcement agency under Subsection (e) is subject to the approval of the commissioners court of the county. A county law enforcement agency that collects a fee under Subsection (e) shall deposit the amounts collected to the credit of the general fund of the county. (f-1) A qualified handgun instructor may collect a reasonable fee for the purpose of evaluating a demonstration of weapons proficiency under this section. (g) A county law enforcement agency must obtain approval of the program authorized by this section from the commissioners court of the county before issuing a certificate of proficiency under this section. (h) The head of a state law enforcement agency may allow a qualified retired law enforcement officer, other than a retired commissioned peace officer, an opportunity to demonstrate weapons proficiency in the same manner as, and subject to the same requirements applicable to, a retired commissioned peace officer as described by Subsection (b). The agency shall establish written procedures for the issuance or denial of a certificate of proficiency under this subsection. The agency shall issue a certificate of proficiency to a qualified retired law enforcement officer who satisfactorily demonstrates weapons proficiency under this subsection and satisfies the written procedures established by the agency. The agency shall maintain records regarding the issuance of that certificate. (i) On request of a qualified retired law 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 officer identification that indicates that the officer honorably retired or separated from the agency. An identification under this subsection must include a photograph of the officer. (j) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1234 (H.B. 1552), Sec. 7(2), eff. September 1, 2019. Added by Acts 2003, 78th Leg., ch. 325, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 1093 (H.B. 2110), Sec. 2, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 1179 (S.B. 578), Sec. 1, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1187 (H.B. 638), Sec. 1, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1187 (H.B. 638), Sec. 2, eff. September 1, 2007. Acts 2019, 86th Leg., R.S., Ch. 1234 (H.B. 1552), Sec. 3, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1234 (H.B. 1552), Sec. 4, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1234 (H.B. 1552), Sec. 7(2), eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 544 (S.B. 198), Sec. 1, eff. September 1, 2021.