81R11146 GCB-D
By: Homer H.B. No. 2791
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain county jail guards to carry
firearms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 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 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;
(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; or
(9) a county jail guard employed under Section 85.005,
Local Government Code, who:
(A) is engaged in the actual discharge of the
guard's duties while carrying the weapon; and
(B) is in compliance with any policies and
procedures adopted by the sheriff employing the guard and the
Commission on Jail Standards regarding the possession of a weapon
while on duty or on the premises of the county jail.
SECTION 2. This Act takes effect September 1, 2009.