83R9940 AJZ-D
By: Springer H.B. No. 3219
A BILL TO BE ENTITLED
AN ACT
relating to the places where an elected official who is licensed to
carry a concealed handgun may carry a concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.035(f), Penal Code, is amended by
adding Subdivision (1-a) to read as follows:
(1-a) "Elected official" means any person holding
office pursuant to an election governed by the Election Code.
SECTION 2. Section 46.035(h-1), Penal Code, as added by
Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
Session, 2007, is redesignated as Section 46.035(h-2), Penal Code,
and amended to read as follows:
(h-2) [(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) an active judicial officer, as defined by Section
411.201, Government Code; [or]
(2) a bailiff designated by the active judicial
officer and engaged in escorting the officer; or
(3) an elected official.
SECTION 3. 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) 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 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
Subchapter H, 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; or
(10) an elected official, as defined by Section
46.035(f), who is licensed to carry a concealed handgun under
Subchapter H, Chapter 411, Government Code.
SECTION 4. 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 an active judicial officer [a
judge, justice], prosecuting attorney, [or] assistant prosecuting
attorney, or elected official, as described by Section 46.15(a)(4),
[or] (6), (7), or (10), Penal Code, to indicate on the license the
license holder's status as a qualified handgun instructor or as an
active judicial officer [a judge, justice], district attorney,
criminal district attorney, [or] county attorney, or elected
official. In establishing the procedure, the department shall
require sufficient documentary evidence to establish the license
holder's status under this subsection.
SECTION 5. 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 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 6. This Act takes effect September 1, 2013.