By: Harris S.B. No. 285
(In the Senate - Filed December 21, 2010; January 31, 2011,
read first time and referred to Committee on Jurisprudence;
March 23, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; March 23, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 285 By: Harris
A BILL TO BE ENTITLED
AN ACT
relating to exempting certain judicial officers from certain
requirements for obtaining or renewing a concealed handgun license
and to the authority of certain judicial officers to carry certain
weapons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (1), Subsection (a), Section
411.201, Government Code, is amended to read as follows:
(1) "Active judicial officer" means:
(A) a person serving as a judge or justice of 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; [or]
(B) a federal judge who is a resident of this
state; or
(C) a person appointed and serving as a master,
magistrate, referee, or associate judge under Chapter 54 of this
code or an associate judge under Chapter 201, Family Code.
SECTION 2. Subsection (a), Section 46.15, Penal Code, is
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) an active judicial officer as defined by Section
411.201, Government Code, [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;
(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) 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 juvenile probation officer who is authorized to
carry a firearm under Section 142.006, Human Resources 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
covered by the law in effect when 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.
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