By: Carona S.B. No. 892
(In the Senate - Filed February 27, 2013; March 5, 2013,
read first time and referred to Committee on Criminal Justice;
April 10, 2013, reported favorably by the following vote: Yeas 5,
Nays 0; April 10, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the application of certain concealed handgun license
laws to the attorney general and to assistant attorneys general,
United States attorneys, assistant United States attorneys, and
special 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. Subsection (a), Section 411.1882, 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 the attorney general or an
assistant attorney general, United States attorney, assistant
United States attorney, special assistant United States attorney,
[a] 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 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 2. Subsection (h-1), Section 46.035, 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) the attorney general or an assistant attorney
general, United States attorney, assistant United States attorney,
special assistant United States attorney, [(3) a] district
attorney, assistant district attorney, criminal district attorney,
assistant criminal district attorney, county attorney, or
assistant county attorney.
SECTION 3. Subsection (a), Section 46.15, 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) the attorney general or 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 attorney general, assistant United
States attorney, special 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 4. The changes in law made by this Act to Subsection
(h-1), Section 46.035, and Subsection (a), Section 46.15, 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 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 5. This Act takes effect September 1, 2013.
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