| 1 | 1 | | 82R15606 AJZ-F |
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| 2 | 2 | | By: Miller of Erath H.B. No. 3619 |
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| 3 | 3 | | Substitute the following for H.B. No. 3619: |
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| 4 | 4 | | By: Fletcher C.S.H.B. No. 3619 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the application of certain concealed handgun license |
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| 10 | 10 | | laws to certain current and former statewide elected officials and |
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| 11 | 11 | | members of the legislature. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 46.035(h-1), Penal Code, as added by |
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| 14 | 14 | | Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular |
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| 15 | 15 | | Session, 2007, is amended to read as follows: |
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| 16 | 16 | | (h-1) It is a defense to prosecution under Subsections |
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| 17 | 17 | | (b)(1), (2), and (4)-(6), and (c) that at the time of the commission |
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| 18 | 18 | | of the offense, the actor was: |
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| 19 | 19 | | (1) a judge or justice of a federal court; |
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| 20 | 20 | | (2) an active judicial officer, as defined by Section |
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| 21 | 21 | | 411.201, Government Code; [or] |
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| 22 | 22 | | (3) a district attorney, assistant district attorney, |
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| 23 | 23 | | criminal district attorney, assistant criminal district attorney, |
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| 24 | 24 | | county attorney, or assistant county attorney; |
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| 25 | 25 | | (4) a current or former statewide elected official; or |
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| 26 | 26 | | (5) a current or former member of the legislature. |
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| 27 | 27 | | SECTION 2. The change in law made by this Act applies only |
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| 28 | 28 | | to an offense committed on or after the effective date of this Act. |
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| 29 | 29 | | An offense committed before the effective date of this Act is |
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| 30 | 30 | | governed by the law in effect on the date the offense was committed, |
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| 31 | 31 | | and the former law is continued in effect for that purpose. For |
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| 32 | 32 | | purposes of this section, an offense was committed before the |
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| 33 | 33 | | effective date of this Act if any element of the offense occurred |
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| 34 | 34 | | before that date. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2011. |
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