Texas 2011 - 82nd Regular

Texas House Bill HB857 Compare Versions

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Old	New	Differences
1	1	82R1631 GCB-F
2	2	By: Hughes H.B. No. 857
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, is amended to read
25	25	as follows:
26	26	(a) Sections 46.02 and 46.03 do not apply to:
27	27	(1) peace officers or special investigators under
28	28	Article 2.122, Code of Criminal Procedure, and neither section
29	29	prohibits a peace officer or special investigator from carrying a
30	30	weapon in this state, including in an establishment in this state
31	31	serving the public, regardless of whether the peace officer or
32	32	special investigator is engaged in the actual discharge of the
33	33	officer's or investigator's duties while carrying the weapon;
34	34	(2) parole officers and neither section prohibits an
35	35	officer from carrying a weapon in this state if the officer is:
36	36	(A) engaged in the actual discharge of the
37	37	officer's duties while carrying the weapon; and
38	38	(B) in compliance with policies and procedures
39	39	adopted by the Texas Department of Criminal Justice regarding the
40	40	possession of a weapon by an officer while on duty;
41	41	(3) community supervision and corrections department
42	42	officers appointed or employed under Section 76.004, Government
43	43	Code, and neither section prohibits an officer from carrying a
44	44	weapon in this state if the officer is:
45	45	(A) engaged in the actual discharge of the
46	46	officer's duties while carrying the weapon; and
47	47	(B) authorized to carry a weapon under Section
48	48	76.0051, Government Code;
49	49	(4) an active judicial officer as defined by Section
50	50	411.201, Government Code, [a judge or justice of a federal court,
51	51	the supreme court, the court of criminal appeals, a court of
52	52	appeals, a district court, a criminal district court, a
53	53	constitutional county court, a statutory county court, a justice
54	54	court, or a municipal court] who is licensed to carry a concealed
55	55	handgun under Subchapter H, Chapter 411, Government Code;
56	56	(5) an honorably retired peace officer or federal
57	57	criminal investigator who holds a certificate of proficiency issued
58	58	under Section 1701.357, Occupations Code, and is carrying a photo
59	59	identification that:
60	60	(A) verifies that the officer honorably retired
61	61	after not less than 15 years of service as a commissioned officer;
62	62	and
63	63	(B) is issued by a state or local law enforcement
64	64	agency;
65	65	(6) a district attorney, criminal district attorney,
66	66	county attorney, or municipal attorney who is licensed to carry a
67	67	concealed handgun under Subchapter H, Chapter 411, Government Code;
68	68	(7) an assistant district attorney, assistant
69	69	criminal district attorney, or assistant county attorney who is
70	70	licensed to carry a concealed handgun under Subchapter H, Chapter
71	71	411, Government Code;
72	72	(8) a bailiff designated by an active judicial officer
73	73	as defined by Section 411.201, Government Code, who is:
74	74	(A) licensed to carry a concealed handgun under
75	75	Chapter 411, Government Code; and
76	76	(B) engaged in escorting the judicial officer; or
77	77	(9) a juvenile probation officer who is authorized to
78	78	carry a firearm under Section 142.006, Human Resources Code.
79	79	SECTION 3. The change in law made by this Act applies only
80	80	to an offense committed on or after the effective date of this Act.
81	81	An offense committed before the effective date of this Act is
82	82	covered by the law in effect when the offense was committed, and the
83	83	former law is continued in effect for that purpose. For purposes of
84	84	this section, an offense was committed before the effective date of
85	85	this Act if any element of the offense occurred before that date.
86	86	SECTION 4. This Act takes effect September 1, 2011.