83R1362 GCB-D
By: Keffer H.B. No. 1051
A BILL TO BE ENTITLED
AN ACT
relating to the application of certain concealed handgun license
laws to United States attorneys and assistant United States
attorneys and to the authority of those attorneys to carry certain
weapons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.179(c), Government Code, is amended
to read as follows:
(c) In adopting the form of the license under Subsection
(a), the department shall establish a procedure for the license of a
qualified handgun instructor or of a judge, justice, United States
attorney, assistant United States attorney, prosecuting attorney,
or assistant prosecuting attorney, as described by Section
46.15(a)(4), [or] (6), or (7), Penal Code, to indicate on the
license the license holder's status as a qualified handgun
instructor or as a judge, justice, United States attorney,
assistant United States attorney, district attorney, criminal
district attorney, or county attorney. In establishing the
procedure, the department shall require sufficient documentary
evidence to establish the license holder's status under this
subsection.
SECTION 2. Section 411.1882(a), Government Code, is amended
to read as follows:
(a) A person who is serving in this state as a judge or
justice of a federal court, as an active judicial officer, as
defined by Section 411.201, or as a United States attorney,
assistant United States attorney, district attorney, assistant
district attorney, criminal district attorney, assistant criminal
district attorney, county attorney, or assistant county attorney
may establish handgun proficiency for the purposes of this
subchapter by obtaining from a handgun proficiency instructor
approved by the Texas Private Security Board [Commission on Law
Enforcement Officer Standards and Education] for purposes of
Section 1702.1675, Occupations Code, a sworn statement that:
(1) indicates that the person, during the 12-month
period preceding the date of the person's application to the
department, demonstrated to the instructor proficiency in the use
of handguns; and
(2) designates the categories of handguns with respect
to which the person demonstrated proficiency.
SECTION 3. Section 411.201(h), Government Code, is amended
to read as follows:
(h) The department shall issue a license to carry a
concealed handgun under the authority of this subchapter to a
United States attorney or an assistant United States attorney or to
an elected attorney representing the state in the prosecution of
felony cases who meets the requirements of this section for an
active judicial officer. The department shall waive any fee
required for the issuance of an original, duplicate, or renewed
license under this subchapter for an applicant who is a United
States attorney or an assistant United States attorney or who is an
attorney elected, appointed, or employed, as applicable, to
represent the state or the federal government in the prosecution of
felony cases.
SECTION 4. Section 46.035(h-1), Penal Code, as added by
Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted and amended to
read as follows:
(h-1) It is a defense to prosecution under Subsections (b)
and (c) that the actor, at the time of the commission of the
offense, 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) [(2)] a bailiff designated by the active judicial
officer and engaged in escorting the officer; or
(4) [(3)] a United States attorney, assistant United
States attorney, district attorney, assistant district attorney,
criminal district attorney, assistant criminal district attorney,
county attorney, or assistant county attorney.
SECTION 5. Section 46.15(a), 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) a judge or justice of a federal court or an active
judicial officer as defined by Section 411.201, Government Code,
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 United States attorney, 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 United States attorney, 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 6. The changes in law made by this Act in amending
Sections 46.035(h-1) and 46.15(a), Penal Code, apply 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 7. This Act takes effect September 1, 2013.