| 1 | 1 | | By: Patrick, et al. S.B. No. 905 |
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| 2 | 2 | | (Gallego, Kleinschmidt) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the application of certain concealed handgun license |
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| 8 | 8 | | laws to statewide elected officials, certain current and former |
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| 9 | 9 | | members of the legislature, and certain federal and state |
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| 10 | 10 | | employees. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subsection (h-1), Section 46.035, Penal Code, as |
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| 13 | 13 | | added by Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, |
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| 14 | 14 | | Regular Session, 2007, is amended to read as follows: |
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| 15 | 15 | | (h-1) It is a defense to prosecution under Subsections |
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| 16 | 16 | | (b)(1), (2), and (4)-(6), and (c) that at the time of the commission |
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| 17 | 17 | | of the offense, the actor was: |
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| 18 | 18 | | (1) a judge or justice of a federal court; |
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| 19 | 19 | | (2) an active judicial officer, as defined by Section |
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| 20 | 20 | | 411.201, Government Code; [or] |
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| 21 | 21 | | (3) a district attorney, assistant district attorney, |
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| 22 | 22 | | criminal district attorney, assistant criminal district attorney, |
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| 23 | 23 | | county attorney, or assistant county attorney; |
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| 24 | 24 | | (4) a United States attorney or an assistant United |
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| 25 | 25 | | States attorney; |
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| 26 | 26 | | (5) a statewide elected official; |
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| 27 | 27 | | (6) a member of the legislature; or |
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| 28 | 28 | | (7) a noncommissioned employee of the Department of |
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| 29 | 29 | | Public Safety, designated by the director of the department. |
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| 30 | 30 | | SECTION 2. Section 46.035, Penal Code, is amended by adding |
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| 31 | 31 | | Subsection (h-2) to read as follows: |
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| 32 | 32 | | (h-2) It is a defense to prosecution under Subsections |
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| 33 | 33 | | (b)(1), (2), and (4)-(6), and (c) that at the time of the commission |
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| 34 | 34 | | of the offense, the actor was a person who on September 1, 2011, was |
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| 35 | 35 | | serving as a member of the legislature and possessed a concealed |
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| 36 | 36 | | handgun license under Subchapter H, Chapter 411, Government Code, |
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| 37 | 37 | | if the person is no longer a member at the time of the offense and if |
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| 38 | 38 | | the license has not yet been subject to renewal since the person |
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| 39 | 39 | | ceased to be a member. This subsection expires on September 1, |
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| 40 | 40 | | 2020. |
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| 41 | 41 | | SECTION 3. The change in law made by this Act applies only |
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| 42 | 42 | | to an offense committed on or after the effective date of this Act. |
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| 43 | 43 | | An offense committed before the effective date of this Act is |
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| 44 | 44 | | governed by the law in effect on the date the offense was committed, |
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| 45 | 45 | | and the former law is continued in effect for that purpose. For |
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| 46 | 46 | | purposes of this section, an offense was committed before the |
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| 47 | 47 | | effective date of this Act if any element of the offense occurred |
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| 48 | 48 | | before that date. |
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| 49 | 49 | | SECTION 4. This Act takes effect September 1, 2011. |
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| 50 | 50 | | COMMITTEE AMENDMENT NO. 1 |
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| 51 | 51 | | SECTION ____. Amend S.B. 905 (Engrossed) with the following: |
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| 52 | 52 | | (1)On page 1 line 18 insert "or" after ";". |
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| 53 | 53 | | (2)On page 1 line 20 strike ";"after "States attorney" and |
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| 54 | 54 | | replace it with "." |
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| 55 | 55 | | (3)Strike Page 1 line 21 through page 2 line 11. |
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| 56 | 56 | | Aliseda |
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