Texas 2009 - 81st Regular

Texas House Bill HB2791 Compare Versions

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1	1	81R11146 GCB-D
2	2	By: Homer H.B. No. 2791
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of certain county jail guards to carry
8	8	firearms.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 46.15(a), Penal Code, as amended by
11	11	Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
12	12	Legislature, Regular Session, 2007, is reenacted and amended to
13	13	read as follows:
14	14	(a) Sections 46.02 and 46.03 do not apply to:
15	15	(1) peace officers or special investigators under
16	16	Article 2.122, Code of Criminal Procedure, and neither section
17	17	prohibits a peace officer or special investigator from carrying a
18	18	weapon in this state, including in an establishment in this state
19	19	serving the public, regardless of whether the peace officer or
20	20	special investigator is engaged in the actual discharge of the
21	21	officer's or investigator's duties while carrying the weapon;
22	22	(2) parole officers and neither section prohibits an
23	23	officer from carrying a weapon in this state if the officer is:
24	24	(A) engaged in the actual discharge of the
25	25	officer's duties while carrying the weapon; and
26	26	(B) in compliance with policies and procedures
27	27	adopted by the Texas Department of Criminal Justice regarding the
28	28	possession of a weapon by an officer while on duty;
29	29	(3) community supervision and corrections department
30	30	officers appointed or employed under Section 76.004, Government
31	31	Code, and neither section prohibits an officer from carrying a
32	32	weapon in this state if the officer is:
33	33	(A) engaged in the actual discharge of the
34	34	officer's duties while carrying the weapon; and
35	35	(B) authorized to carry a weapon under Section
36	36	76.0051, Government Code;
37	37	(4) a judge or justice of a federal court, the supreme
38	38	court, the court of criminal appeals, a court of appeals, a district
39	39	court, a criminal district court, a constitutional county court, a
40	40	statutory county court, a justice court, or a municipal court who is
41	41	licensed to carry a concealed handgun under Subchapter H, Chapter
42	42	411, Government Code;
43	43	(5) an honorably retired peace officer or federal
44	44	criminal investigator who holds a certificate of proficiency issued
45	45	under Section 1701.357, Occupations Code, and is carrying a photo
46	46	identification that:
47	47	(A) verifies that the officer honorably retired
48	48	after not less than 15 years of service as a commissioned officer;
49	49	and
50	50	(B) is issued by a state or local law enforcement
51	51	agency;
52	52	(6) a district attorney, criminal district attorney,
53	53	county attorney, or municipal attorney who is licensed to carry a
54	54	concealed handgun under Subchapter H, Chapter 411, Government Code;
55	55	[or]
56	56	(7) an assistant district attorney, assistant
57	57	criminal district attorney, or assistant county attorney who is
58	58	licensed to carry a concealed handgun under Subchapter H, Chapter
59	59	411, Government Code;
60	60	(8) [(7)] a bailiff designated by an active judicial
61	61	officer as defined by Section 411.201, Government Code, who is:
62	62	(A) licensed to carry a concealed handgun under
63	63	Chapter 411, Government Code; and
64	64	(B) engaged in escorting the judicial officer; or
65	65	(9) a county jail guard employed under Section 85.005,
66	66	Local Government Code, who:
67	67	(A) is engaged in the actual discharge of the
68	68	guard's duties while carrying the weapon; and
69	69	(B) is in compliance with any policies and
70	70	procedures adopted by the sheriff employing the guard and the
71	71	Commission on Jail Standards regarding the possession of a weapon
72	72	while on duty or on the premises of the county jail.
73	73	SECTION 2. This Act takes effect September 1, 2009.