RQ-0613-GA
Requestor:
The Honorable Jeff Wentworth
Chair, Committee on Jurisprudence
Texas State Senate
Post Office Box 12068
Austin, Texas 78711
Re: Whether an individual may simultaneously serve on both the Village of Wimberley City Council and on the board of directors of the Wimberley Water Supply Corporation (RQ-0613-GA)
Briefs requested by September 21, 2007
For further information, please access the Web site at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200703817
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: August 22, 2007
Opinion No. GA-0564
The Honorable M. Rex Emerson
Kerr County Attorney
County Courthouse, Suite BA-103
700 Main Street
Kerrville, Texas 78028
Re: Whether 18 U.S.C. §926C preempts portions of Texas Occupations Code section 1701.357 (RQ-0572-GA
S U M M A R Y
A federal statute, 18 U.S.C. §926C, which authorizes a qualified retired law enforcement officer to carry a concealed firearm if the officer also carries proof that he or she has demonstrated weapons proficiency under state law, does not preempt Texas Occupations Code section 1701.357, which provides a means by which some honorably retired peace officers may obtain the proof required by federal law. Those retired peace officers who cannot obtain certification under section 1701.357 may do so under section 411.199 of the Texas Government Code and section 1701.355 of the Texas Occupations Code.
An honorably retired peace officer who is certified as proficient under Texas Occupations Code section 1701.357 must recertify on an annual basis.
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200703819
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: August 22, 2007