83R9668 JSC-F
By: Lavender H.B. No. 3420
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of firearms by certain off-duty employees
of the Texas Department of Criminal Justice and the carrying of a
handgun by a license holder in certain locations; authorizing a
fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 494, Government Code, is amended by
adding Section 494.013 to read as follows:
Sec. 494.013. STAFF FIREARMS PROFICIENCY. (a) The
department annually shall offer an educational program for
department employees required to handle firearms while on duty that
provides training and proficiency qualification for the carrying of
a firearm by an employee when the employee is not on duty. The
department shall issue a certificate of proficiency to an employee
who successfully completes the program.
(b) An employee participating in the educational program:
(1) shall supply the firearm holster and any
ammunition to be used in the program; and
(2) may be required to pay a fee of not more than $30 as
determined by the department for participation in the program and
the issuance of the certificate of proficiency.
(c) The department shall permit an employee to whom a
certificate of proficiency is issued under this section to store
the employee's firearm in a locked box in the employee's personal
vehicle while the vehicle is in a parking garage, parking lot, or
other parking area operated by the department for employees.
(d) The department may adopt rules and procedures as
necessary for the administration of this section, including rules
and procedures for the suspension or revocation of a certificate
issued under this section.
(e) This section does not create or authorize a cause of
action against the department for any misuse of or accidents
relating to the use or storage of a firearm by an employee who is not
on duty.
SECTION 2. Sections 46.035(b) and (i), Penal Code, are
amended to read as follows:
(b) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, on or about the
license holder's person:
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital or nursing
home administration, as appropriate; or
(5) in an amusement park[; or
[(6) on the premises of a church, synagogue, or other
established place of religious worship].
(i) Subsections (b)(4), (b)(5), [(b)(6),] and (c) do not
apply if the actor was not given effective notice under Section
30.06.
SECTION 3. Section 46.035(h-1), 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), (4), and (5) [(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.
SECTION 4. 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
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 employee of the Texas Department of Criminal
Justice who holds a certificate of proficiency issued under Section
494.013, Government Code.
SECTION 5. Not later than January 1, 2014, the Texas
Department of Criminal Justice shall develop and begin
implementation of the educational program described by Section
494.013, Government Code, as added by this Act.
SECTION 6. 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 7. This Act takes effect September 1, 2013.