Texas 2009 - 81st Regular

Texas Senate Bill SB916 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3947 GCB-D
2	2	By: Harris S.B. No. 916
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to exempting certain judicial officers from certain
8	8	requirements for obtaining or renewing a concealed handgun license
9	9	and to the authority of certain judicial officers to carry certain
10	10	weapons.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 411.201(a)(1), Government Code, is
13	13	amended to read as follows:
14	14	(1) "Active judicial officer" means:
15	15	(A) a person serving as a judge or justice of the
16	16	supreme court, the court of criminal appeals, a court of appeals, a
17	17	district court, a criminal district court, a constitutional county
18	18	court, a statutory county court, a justice court, or a municipal
19	19	court; [or]
20	20	(B) a federal judge who is a resident of this
21	21	state; or
22	22	(C) a person appointed and serving as an
23	23	associate judge under Chapter 201, Family Code.
24	24	SECTION 2. Section 46.15(a), Penal Code, as amended by
25	25	Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
26	26	Legislature, Regular Session, 2007, is reenacted and amended to
27	27	read as follows:
28	28	(a) Sections 46.02 and 46.03 do not apply to:
29	29	(1) peace officers or special investigators under
30	30	Article 2.122, Code of Criminal Procedure, and neither section
31	31	prohibits a peace officer or special investigator from carrying a
32	32	weapon in this state, including in an establishment in this state
33	33	serving the public, regardless of whether the peace officer or
34	34	special investigator is engaged in the actual discharge of the
35	35	officer's or investigator's duties while carrying the weapon;
36	36	(2) parole officers and neither section prohibits an
37	37	officer from carrying a weapon in this state if the officer is:
38	38	(A) engaged in the actual discharge of the
39	39	officer's duties while carrying the weapon; and
40	40	(B) in compliance with policies and procedures
41	41	adopted by the Texas Department of Criminal Justice regarding the
42	42	possession of a weapon by an officer while on duty;
43	43	(3) community supervision and corrections department
44	44	officers appointed or employed under Section 76.004, Government
45	45	Code, and neither section prohibits an officer from carrying a
46	46	weapon in this state if the officer is:
47	47	(A) engaged in the actual discharge of the
48	48	officer's duties while carrying the weapon; and
49	49	(B) authorized to carry a weapon under Section
50	50	76.0051, Government Code;
51	51	(4) an active judicial officer as defined by Section
52	52	411.201, Government Code, [a judge or justice of a federal court,
53	53	the supreme court, the court of criminal appeals, a court of
54	54	appeals, a district court, a criminal district court, a
55	55	constitutional county court, a statutory county court, a justice
56	56	court, or a municipal court] who is licensed to carry a concealed
57	57	handgun under Subchapter H, Chapter 411, Government Code;
58	58	(5) an honorably retired peace officer or federal
59	59	criminal investigator who holds a certificate of proficiency issued
60	60	under Section 1701.357, Occupations Code, and is carrying a photo
61	61	identification that:
62	62	(A) verifies that the officer honorably retired
63	63	after not less than 15 years of service as a commissioned officer;
64	64	and
65	65	(B) is issued by a state or local law enforcement
66	66	agency;
67	67	(6) a district attorney, criminal district attorney,
68	68	county attorney, or municipal attorney who is licensed to carry a
69	69	concealed handgun under Subchapter H, Chapter 411, Government Code;
70	70	[or]
71	71	(7) an assistant district attorney, assistant
72	72	criminal district attorney, or assistant county attorney who is
73	73	licensed to carry a concealed handgun under Subchapter H, Chapter
74	74	411, Government Code; or
75	75	(8) [(7)] a bailiff designated by an active judicial
76	76	officer as defined by Section 411.201, Government Code, who is:
77	77	(A) licensed to carry a concealed handgun under
78	78	Chapter 411, Government Code; and
79	79	(B) engaged in escorting the judicial officer.
80	80	SECTION 3. (a) To the extent of any conflict, this Act
81	81	prevails over another Act of the 81st Legislature, Regular Session,
82	82	2009, relating to nonsubstantive additions to and corrections in
83	83	enacted codes.
84	84	(b) The change in law made by this Act applies only to an
85	85	offense committed on or after the effective date of this Act. An
86	86	offense committed before the effective date of this Act is covered
87	87	by the law in effect when the offense was committed, and the former
88	88	law is continued in effect for that purpose. For purposes of this
89	89	section, an offense was committed before the effective date of this
90	90	Act if any element of the offense was committed before that date.
91	91	SECTION 4. This Act takes effect September 1, 2009.