Texas 2009 - 81st Regular

Texas House Bill HB2370 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R24548 GCB-D
2	2	By: Vaught H.B. No. 2370
3	3	Substitute the following for H.B. No. 2370:
4	4	By: Driver C.S.H.B. No. 2370
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the application of certain concealed handgun license
10	10	laws to United States attorneys and assistant United States
11	11	attorneys and to the authority of United States attorneys and
12	12	assistant United States attorneys to carry certain weapons.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 411.179(c), Government Code, as added by
15	15	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
16	16	Session, 2007, is amended to read as follows:
17	17	(c) In adopting the form of the license under Subsection
18	18	(a), the department shall establish a procedure for the license of a
19	19	judge, justice, United States attorney, assistant United States
20	20	attorney, prosecuting attorney, or assistant prosecuting attorney,
21	21	as described by Section 46.15(a)(4), [or] (6), or (7), Penal Code,
22	22	to indicate on the license the license holder's status as a judge,
23	23	justice, United States attorney, assistant United States attorney,
24	24	district attorney, criminal district attorney, or county attorney.
25	25	In establishing the procedure, the department shall require
26	26	sufficient documentary evidence to establish the license holder's
27	27	status under this subsection.
28	28	SECTION 2. Sections 411.181(a) and (b), Government Code, as
29	29	amended by Chapters 594 (H.B. 41) and 1222 (H.B. 2300), Acts of the
30	30	80th Legislature, Regular Session, 2007, are reenacted and amended
31	31	to read as follows:
32	32	(a) If a person who is a current license holder moves from
33	33	the address stated on the license to a new residence address, if the
34	34	name of the person is changed by marriage or otherwise, or if the
35	35	person's status [as a judge, justice, district attorney,
36	36	prosecuting attorney, or assistant prosecuting attorney, as a
37	37	federal judge, a state judge, or the spouse of a federal judge or
38	38	state judge,] becomes inapplicable for purposes of the information
39	39	required to be displayed on the license under Section 411.179
40	40	[411.179(c)], the person shall, not later than the 30th day after
41	41	the date of the address, name, or status change, notify the
42	42	department and provide the department with the number of the
43	43	person's license and, as applicable, the person's:
44	44	(1) former and new addresses; [or]
45	45	(2) former and new names; or
46	46	(3) former and new status.
47	47	(b) If the name of the license holder is changed by marriage
48	48	or otherwise, or if the person's status [as a federal judge or state
49	49	judge, or the spouse of a federal judge or state judge] becomes
50	50	inapplicable as described by Subsection (a), the person shall apply
51	51	for a duplicate license. The duplicate license must reflect
52	52	[include] the person's current name, residence address, and status.
53	53	SECTION 3. Section 411.1882(a), Government Code, is amended
54	54	to read as follows:
55	55	(a) Notwithstanding any other provision of this subchapter,
56	56	a person may not be required to submit to the department a handgun
57	57	proficiency certificate to obtain or renew a concealed handgun
58	58	license issued under this subchapter if:
59	59	(1) the person is currently serving in this state as:
60	60	(A) a judge or justice of a federal court;
61	61	(B) an active judicial officer, as defined by
62	62	Section 411.201, Government Code; or
63	63	(C) a United States attorney, assistant United
64	64	States attorney, district attorney, assistant district attorney,
65	65	criminal district attorney, assistant criminal district attorney,
66	66	county attorney, or assistant county attorney; and
67	67	(2) a handgun proficiency instructor approved by the
68	68	Commission on Law Enforcement Officer Standards and Education for
69	69	purposes of Section 1702.1675, Occupations Code, makes a sworn
70	70	statement indicating that the person demonstrated proficiency to
71	71	the instructor in the use of handguns during the 12-month period
72	72	preceding the date of the person's application to the department
73	73	and designating the types of handguns with which the person
74	74	demonstrated proficiency.
75	75	SECTION 4. Section 411.201(h), Government Code, is amended
76	76	to read as follows:
77	77	(h) The department shall issue a license to carry a
78	78	concealed handgun under the authority of this subchapter to a
79	79	United States attorney or an assistant United States attorney or to
80	80	an elected attorney representing the state or the federal
81	81	government in the prosecution of felony cases who meets the
82	82	requirements of this section for an active judicial officer. The
83	83	department shall waive any fee required for the issuance of an
84	84	original, duplicate, or renewed license under this subchapter for
85	85	an applicant who is a United States attorney or an assistant United
86	86	States attorney or who is an attorney elected or employed to
87	87	represent the state or the federal government in the prosecution of
88	88	felony cases.
89	89	SECTION 5. Section 46.035(h-1), Penal Code, as added by
90	90	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
91	91	Session, 2007, is amended to read as follows:
92	92	(h-1) It is a defense to prosecution under Subsections
93	93	(b)(1), (2), and (4)-(6), and (c) that at the time of the commission
94	94	of the offense, the actor was:
95	95	(1) a judge or justice of a federal court;
96	96	(2) an active judicial officer, as defined by Section
97	97	411.201, Government Code; or
98	98	(3) a United States attorney, assistant United States
99	99	attorney, district attorney, assistant district attorney, criminal
100	100	district attorney, assistant criminal district attorney, county
101	101	attorney, or assistant county attorney.
102	102	SECTION 6. Section 46.15(a), Penal Code, as amended by
103	103	Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
104	104	Legislature, Regular Session, 2007, is reenacted and amended to
105	105	read as follows:
106	106	(a) Sections 46.02 and 46.03 do not apply to:
107	107	(1) peace officers or special investigators under
108	108	Article 2.122, Code of Criminal Procedure, and neither section
109	109	prohibits a peace officer or special investigator from carrying a
110	110	weapon in this state, including in an establishment in this state
111	111	serving the public, regardless of whether the peace officer or
112	112	special investigator is engaged in the actual discharge of the
113	113	officer's or investigator's duties while carrying the weapon;
114	114	(2) parole officers and neither section prohibits an
115	115	officer from carrying a weapon in this state if the officer is:
116	116	(A) engaged in the actual discharge of the
117	117	officer's duties while carrying the weapon; and
118	118	(B) in compliance with policies and procedures
119	119	adopted by the Texas Department of Criminal Justice regarding the
120	120	possession of a weapon by an officer while on duty;
121	121	(3) community supervision and corrections department
122	122	officers appointed or employed under Section 76.004, Government
123	123	Code, and neither section prohibits an officer from carrying a
124	124	weapon in this state if the officer is:
125	125	(A) engaged in the actual discharge of the
126	126	officer's duties while carrying the weapon; and
127	127	(B) authorized to carry a weapon under Section
128	128	76.0051, Government Code;
129	129	(4) a judge or justice of a federal court, the supreme
130	130	court, the court of criminal appeals, a court of appeals, a district
131	131	court, a criminal district court, a constitutional county court, a
132	132	statutory county court, a justice court, or a municipal court who is
133	133	licensed to carry a concealed handgun under Subchapter H, Chapter
134	134	411, Government Code;
135	135	(5) an honorably retired peace officer or federal
136	136	criminal investigator who holds a certificate of proficiency issued
137	137	under Section 1701.357, Occupations Code, and is carrying a photo
138	138	identification that:
139	139	(A) verifies that the officer honorably retired
140	140	after not less than 15 years of service as a commissioned officer;
141	141	and
142	142	(B) is issued by a state or local law enforcement
143	143	agency;
144	144	(6) a United States attorney, district attorney,
145	145	criminal district attorney, county attorney, or municipal attorney
146	146	who is licensed to carry a concealed handgun under Subchapter H,
147	147	Chapter 411, Government Code; [or]
148	148	(7) an assistant United States attorney, assistant
149	149	district attorney, assistant criminal district attorney, or
150	150	assistant county attorney who is licensed to carry a concealed
151	151	handgun under Subchapter H, Chapter 411, Government Code; or
152	152	(8) [(7)] a bailiff designated by an active judicial
153	153	officer as defined by Section 411.201, Government Code, who is:
154	154	(A) licensed to carry a concealed handgun under
155	155	Chapter 411, Government Code; and
156	156	(B) engaged in escorting the judicial officer.
157	157	SECTION 7. (a) To the extent of any conflict, this Act
158	158	prevails over another Act of the 81st Legislature, Regular Session,
159	159	2009, relating to nonsubstantive additions to and corrections in
160	160	enacted codes.
161	161	(b) The change in law made by this Act in amending Section
162	162	46.15(a), Penal Code, applies only to an offense committed on or
163	163	after the effective date of this Act. An offense committed before
164	164	the effective date of this Act is covered by the law in effect when
165	165	the offense was committed, and the former law is continued in effect
166	166	for that purpose. For purposes of this section, an offense was
167	167	committed before the effective date of this Act if any element of
168	168	the offense was committed before that date.
169	169	SECTION 8. This Act takes effect September 1, 2009.