81R24548 GCB-D
By: Vaught H.B. No. 2370
Substitute the following for H.B. No. 2370:
By: Driver C.S.H.B. No. 2370
A BILL TO BE ENTITLED
AN ACT
relating to the application of certain concealed handgun license
laws to United States attorneys and assistant United States
attorneys and to the authority of United States attorneys and
assistant United States attorneys to carry certain weapons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.179(c), Government Code, as added by
Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(c) In adopting the form of the license under Subsection
(a), the department shall establish a procedure for the license of a
judge, justice, United States attorney, assistant United States
attorney, prosecuting attorney, or assistant prosecuting attorney,
as described by Section 46.15(a)(4), [or] (6), or (7), Penal Code,
to indicate on the license the license holder's status as a judge,
justice, United States attorney, assistant United States attorney,
district attorney, criminal district attorney, or county attorney.
In establishing the procedure, the department shall require
sufficient documentary evidence to establish the license holder's
status under this subsection.
SECTION 2. Sections 411.181(a) and (b), Government Code, as
amended by Chapters 594 (H.B. 41) and 1222 (H.B. 2300), Acts of the
80th Legislature, Regular Session, 2007, are reenacted and amended
to read as follows:
(a) If a person who is a current license holder moves from
the address stated on the license to a new residence address, if the
name of the person is changed by marriage or otherwise, or if the
person's status [as a judge, justice, district attorney,
prosecuting attorney, or assistant prosecuting attorney, as a
federal judge, a state judge, or the spouse of a federal judge or
state judge,] becomes inapplicable for purposes of the information
required to be displayed on the license under Section 411.179
[411.179(c)], the person shall, not later than the 30th day after
the date of the address, name, or status change, notify the
department and provide the department with the number of the
person's license and, as applicable, the person's:
(1) former and new addresses; [or]
(2) former and new names; or
(3) former and new status.
(b) If the name of the license holder is changed by marriage
or otherwise, or if the person's status [as a federal judge or state
judge, or the spouse of a federal judge or state judge] becomes
inapplicable as described by Subsection (a), the person shall apply
for a duplicate license. The duplicate license must reflect
[include] the person's current name, residence address, and status.
SECTION 3. Section 411.1882(a), Government Code, is amended
to read as follows:
(a) Notwithstanding any other provision of this subchapter,
a person may not be required to submit to the department a handgun
proficiency certificate to obtain or renew a concealed handgun
license issued under this subchapter if:
(1) the person is currently serving in this state as:
(A) a judge or justice of a federal court;
(B) an active judicial officer, as defined by
Section 411.201, Government Code; or
(C) a United States attorney, assistant United
States attorney, district attorney, assistant district attorney,
criminal district attorney, assistant criminal district attorney,
county attorney, or assistant county attorney; and
(2) a handgun proficiency instructor approved by the
Commission on Law Enforcement Officer Standards and Education for
purposes of Section 1702.1675, Occupations Code, makes a sworn
statement indicating that the person demonstrated proficiency to
the instructor in the use of handguns during the 12-month period
preceding the date of the person's application to the department
and designating the types of handguns with which the person
demonstrated proficiency.
SECTION 4. Section 411.201(h), Government Code, is amended
to read as follows:
(h) The department shall issue a license to carry a
concealed handgun under the authority of this subchapter to a
United States attorney or an assistant United States attorney or to
an elected attorney representing the state or the federal
government in the prosecution of felony cases who meets the
requirements of this section for an active judicial officer. The
department shall waive any fee required for the issuance of an
original, duplicate, or renewed license under this subchapter for
an applicant who is a United States attorney or an assistant United
States attorney or who is an attorney elected or employed to
represent the state or the federal government in the prosecution of
felony cases.
SECTION 5. Section 46.035(h-1), Penal Code, as added by
Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(h-1) It is a defense to prosecution under Subsections
(b)(1), (2), and (4)-(6), and (c) that at the time of the commission
of the offense, the actor was:
(1) a judge or justice of a federal court;
(2) an active judicial officer, as defined by Section
411.201, Government Code; or
(3) a United States attorney, assistant United States
attorney, district attorney, assistant district attorney, criminal
district attorney, assistant criminal district attorney, county
attorney, or assistant county attorney.
SECTION 6. Section 46.15(a), Penal Code, as amended by
Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted and amended to
read as follows:
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under
Article 2.122, Code of Criminal Procedure, and neither section
prohibits a peace officer or special investigator from carrying a
weapon in this state, including in an establishment in this state
serving the public, regardless of whether the peace officer or
special investigator is engaged in the actual discharge of the
officer's or investigator's duties while carrying the weapon;
(2) parole officers and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code;
(4) a judge or justice of a federal court, the supreme
court, the court of criminal appeals, a court of appeals, a district
court, a criminal district court, a constitutional county court, a
statutory county court, a justice court, or a municipal court who is
licensed to carry a concealed handgun under Subchapter H, Chapter
411, Government Code;
(5) an honorably retired peace officer or federal
criminal investigator who holds a certificate of proficiency issued
under Section 1701.357, Occupations Code, and is carrying a photo
identification that:
(A) verifies that the officer honorably retired
after not less than 15 years of service as a commissioned officer;
and
(B) is issued by a state or local law enforcement
agency;
(6) a United States attorney, district attorney,
criminal district attorney, county attorney, or municipal attorney
who is licensed to carry a concealed handgun under Subchapter H,
Chapter 411, Government Code; [or]
(7) an assistant United States attorney, assistant
district attorney, assistant criminal district attorney, or
assistant county attorney who is licensed to carry a concealed
handgun under Subchapter H, Chapter 411, Government Code; or
(8) [(7)] a bailiff designated by an active judicial
officer as defined by Section 411.201, Government Code, who is:
(A) licensed to carry a concealed handgun under
Chapter 411, Government Code; and
(B) engaged in escorting the judicial officer.
SECTION 7. (a) To the extent of any conflict, this Act
prevails over another Act of the 81st Legislature, Regular Session,
2009, relating to nonsubstantive additions to and corrections in
enacted codes.
(b) The change in law made by this Act in amending Section
46.15(a), Penal Code, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is covered by the law in effect when
the offense was committed, and the former law is continued in effect
for that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense was committed before that date.
SECTION 8. This Act takes effect September 1, 2009.