|   | 
         
         
            |   | 
         
         
            |   | 
         
         
            | 
                
			 | 
            
               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. | 
         
         
            | 
                		
			 | 
             | 
         
         
            | 
                		
			 | 
             | 
         
         
            |   | 
         
         
            |   | 
         
         
            |   | 
         
         
            |   | 
            ______________________________ | 
            ______________________________ | 
         
         
            |   | 
               President of the Senate | 
            Speaker of the House      | 
         
         
            |   | 
         
         
            | 
                		
			 | 
                   I hereby certify that S.B. No. 198 passed the Senate on  | 
         
         
            | 
                		
			 | 
            April 9, 2021, by the following vote:  Yeas 31, Nays 0. | 
         
         
            | 
                		
			 | 
             | 
         
         
            |   | 
         
         
            |   | 
            ______________________________ | 
         
         
            |   | 
            Secretary of the Senate     | 
         
         
            |   | 
         
         
            | 
                		
			 | 
                   I hereby certify that S.B. No. 198 passed the House on  | 
         
         
            | 
                		
			 | 
            May 26, 2021, by the following vote:  Yeas 146, Nays 1, two  | 
         
         
            | 
                		
			 | 
            present not voting. | 
         
         
            | 
                		
			 | 
             | 
         
         
            |   | 
         
         
            |   | 
            ______________________________ | 
         
         
            |   | 
            Chief Clerk of the House    | 
         
         
            |   | 
         
         
            | 
                		
			 | 
             | 
         
         
            |   | 
         
         
            | 
                		
			 | 
            Approved: | 
         
         
            | 
                		
			 | 
             | 
         
         
            | 
                		
			 | 
            ______________________________  | 
         
         
            | 
                		
			 | 
                        Date | 
         
         
            | 
                		
			 | 
             | 
         
         
            | 
                		
			 | 
             | 
         
         
            | 
                		
			 | 
            ______________________________  | 
         
         
            | 
                		
			 | 
                      Governor |