Texas 2011 - 82nd Regular

Texas Senate Bill SB285 Compare Versions

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Old	New	Differences
1	1	By: Harris S.B. No. 285
2	2	(Hughes)
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. Subdivision (1), Subsection (a), Section
13	13	411.201, Government Code, is 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 a master,
23	23	magistrate, referee, or associate judge under Chapter 54 of this
24	24	code or an associate judge under Chapter 201, Family Code.
25	25	SECTION 2. Subsection (a), Section 46.15, Penal Code, is
26	26	amended to read as follows:
27	27	(a) Sections 46.02 and 46.03 do not apply to:
28	28	(1) peace officers or special investigators under
29	29	Article 2.122, Code of Criminal Procedure, and neither section
30	30	prohibits a peace officer or special investigator from carrying a
31	31	weapon in this state, including in an establishment in this state
32	32	serving the public, regardless of whether the peace officer or
33	33	special investigator is engaged in the actual discharge of the
34	34	officer's or investigator's duties while carrying the weapon;
35	35	(2) parole officers and neither section prohibits an
36	36	officer from carrying a weapon in this state if the officer is:
37	37	(A) engaged in the actual discharge of the
38	38	officer's duties while carrying the weapon; and
39	39	(B) in compliance with policies and procedures
40	40	adopted by the Texas Department of Criminal Justice regarding the
41	41	possession of a weapon by an officer while on duty;
42	42	(3) community supervision and corrections department
43	43	officers appointed or employed under Section 76.004, Government
44	44	Code, and neither section prohibits an officer from carrying a
45	45	weapon in this state if the officer is:
46	46	(A) engaged in the actual discharge of the
47	47	officer's duties while carrying the weapon; and
48	48	(B) authorized to carry a weapon under Section
49	49	76.0051, Government Code;
50	50	(4) an active judicial officer as defined by Section
51	51	411.201, Government Code, [a judge or justice of a federal court,
52	52	the supreme court, the court of criminal appeals, a court of
53	53	appeals, a district court, a criminal district court, a
54	54	constitutional county court, a statutory county court, a justice
55	55	court, or a municipal court] who is licensed to carry a concealed
56	56	handgun under Subchapter H, Chapter 411, Government Code;
57	57	(5) an honorably retired peace officer or federal
58	58	criminal investigator who holds a certificate of proficiency issued
59	59	under Section 1701.357, Occupations Code, and is carrying a photo
60	60	identification that:
61	61	(A) verifies that the officer honorably retired
62	62	after not less than 15 years of service as a commissioned officer;
63	63	and
64	64	(B) is issued by a state or local law enforcement
65	65	agency;
66	66	(6) a district attorney, criminal district attorney,
67	67	county attorney, or municipal attorney who is licensed to carry a
68	68	concealed handgun under Subchapter H, Chapter 411, Government Code;
69	69	(7) an assistant district attorney, assistant
70	70	criminal district attorney, or assistant county attorney who is
71	71	licensed to carry a concealed handgun under Subchapter H, Chapter
72	72	411, Government Code;
73	73	(8) a bailiff designated by an active judicial officer
74	74	as defined by Section 411.201, Government Code, who is:
75	75	(A) licensed to carry a concealed handgun under
76	76	Chapter 411, Government Code; and
77	77	(B) engaged in escorting the judicial officer; or
78	78	(9) a juvenile probation officer who is authorized to
79	79	carry a firearm under Section 142.006, Human Resources Code.
80	80	SECTION 3. The change in law made by this Act applies only
81	81	to an offense committed on or after the effective date of this Act.
82	82	An offense committed before the effective date of this Act is
83	83	covered by the law in effect when the offense was committed, and the
84	84	former law is continued in effect for that purpose. For purposes of
85	85	this section, an offense was committed before the effective date of
86	86	this Act if any element of the offense occurred before that date.
87	87	SECTION 4. This Act takes effect September 1, 2011.