By: Miller of Erath H.B. No. 3619
A BILL TO BE ENTITLED
AN ACT
relating to the application of certain concealed handgun license
laws to certain statewide elected officials and members of the
legislature.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 district attorney, assistant district attorney,
criminal district attorney, assistant criminal district attorney,
county attorney, or assistant county attorney;
(4) a statewide elected official; or
(5) a member of the legislature.
SECTION 2. Section 46.035, Penal Code, is amended by adding
Subsection (h-2) to read as follows:
(h-2) 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 a person who, on September 1, 2011,
was serving as a member of the legislature or is a former member of
the legislature or was serving as a statewide elected official or is
a former statewide elected official and possessed a concealed
handgun license under Subchapter H, Chapter 411, Government Code.
SECTION 3. The change in law made by this Act 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
governed by the law in effect on the date 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 occurred
before that date.
SECTION 4. This Act takes effect September 1, 2011.