By: Patrick, et al. S.B. No. 905
A BILL TO BE ENTITLED
AN ACT
relating to the application of certain concealed handgun license
laws to statewide elected officials, certain current and former
members of the legislature, and certain federal and state
employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (h-1), Section 46.035, 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 United States attorney or an assistant United
States attorney;
(5) a statewide elected official;
(6) a member of the legislature; or
(7) a noncommissioned employee of the Department of
Public Safety, designated by the director of the department.
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 and possessed a concealed
handgun license under Subchapter H, Chapter 411, Government Code,
if the person is no longer a member at the time of the offense and if
the license has not yet been subject to renewal since the person
ceased to be a member. This subsection expires on September 1,
2020.
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.