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(a) The following peace officers may apply for a license issued under this subchapter at any time after retirement:
(1) a person who is licensed as a peace officer 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 the applicant 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 the applicant was accused of 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;
(7) a recommendation from the agency head or the employer regarding the issuance of a license under this subchapter; and
(8) whether the applicant holds a current certificate of proficiency under Section 1701.357, Occupations Code.
(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 ; and
(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.
(d) The department shall waive any fee required for a license issued under this subchapter to an applicant under this section.
(e) An applicant under this section who complies with Subsections (b) and (c) or Subsection (g), as applicable, and with the other requirements of this subchapter is not required to complete the classroom instruction portion of the handgun proficiency course described by Section 411.188 to obtain a license under this subchapter.
(e-1) An applicant described by Subsection (e) who holds a current certificate of proficiency under Section 1701.357, Occupations Code, is not required to complete the range instruction portion of the handgun proficiency course described by Section 411.188 to obtain a license under this subchapter.
(f) A license issued under this subchapter to an applicant under this section expires as provided by Section 411.183.
(g) A retired officer of the United States who was eligible to carry a firearm in the discharge of the officer's official duties is eligible to apply under this section for a license issued under this subchapter. An applicant described by this subsection may submit the application at any time after retirement. The applicant shall submit with the application proper proof of retired status by presenting the following documents prepared by the agency from which the applicant retired:
(1) retirement credentials; and
(2) a letter from the agency head stating the applicant retired in good standing.
Cite this article: FindLaw.com - Texas Government Code - GOV'T § 411.199. Honorably Retired Peace Officers - last updated April 14, 2021 | https://codes.findlaw.com/tx/government-code/gov-t-sect-411-199/
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