83S10279 ADM-D
By: Carona S.B. No. 35
A BILL TO BE ENTITLED
AN ACT
relating to the application of certain concealed handgun license
laws to the attorney general and the state prosecuting attorney and
to assistant attorneys general, assistant state prosecuting
attorneys, United States attorneys, assistant United States
attorneys, special assistant United States attorneys, and certain
associate judges and other judicial personnel, and to the authority
of those persons to carry certain weapons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. If H.B. No. 3142, Acts of the 83rd Legislature,
Regular Session, 2013, becomes law, Section 411.1882(a),
Government Code, as effective June 2013, 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 state prosecuting attorney or
an assistant state prosecuting attorney, the attorney general or an
assistant attorney general, a United States attorney, assistant
United States attorney, or special assistant United States
attorney, a district attorney or[,] assistant district attorney, a
criminal district attorney or[,] assistant criminal district
attorney, or a 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 Commission on Law Enforcement for purposes of Section
1702.1675, Occupations Code, a sworn statement that 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.
SECTION 2. If H.B. No. 3142, Acts of the 83rd Legislature,
Regular Session, 2013, does not become law, 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 the state prosecuting attorney or
an assistant state prosecuting attorney, the attorney general or an
assistant attorney general, a United States attorney, assistant
United States attorney, or special assistant United States
attorney, a district attorney or[,] assistant district attorney, a
criminal district attorney or[,] assistant criminal district
attorney, or a 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 Commission on Law Enforcement 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(a)(1), Government Code, is
amended to read as follows:
(1) "Active judicial officer" means:
(A) a person serving as a judge or justice of the
supreme court, the court of criminal appeals, a court of appeals, a
district court, a criminal district court, a constitutional county
court, a statutory county court, a justice court, or a municipal
court;
(B) a federal judge who is a resident of this
state; or
(C) a person appointed and serving as:
(i) an associate judge under Chapter 201,
Family Code, or Chapter 54 or 54A; or
(ii) a master or magistrate under Chapter
54.
SECTION 4. (a) 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)
[(b)(1), (2), and (4)-(6),] and (c) that the actor, 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;
(3) a bailiff designated by the active judicial
officer and engaged in escorting the officer; or
(4) the state prosecuting attorney or an assistant
state prosecuting attorney, the attorney general or an assistant
attorney general, a United States attorney, assistant United States
attorney, or special assistant United States attorney, [(3)] a
district attorney or[,] assistant district attorney, a criminal
district attorney or[,] assistant criminal district attorney, or a
county attorney[,] or assistant county attorney.
(b) Section 46.035(h-1), Penal Code, as added by Chapter
1214 (H.B. 1889), Acts of the 80th Legislature, Regular Session,
2007, is repealed.
SECTION 5. If H.B. No. 3370, Acts of the 83rd Legislature,
Regular Session, 2013, becomes law, Section 46.15(a), Penal Code,
as effective September 1, 2013, 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, qualified
retired law enforcement officer, federal criminal investigator, or
former reserve law enforcement officer who holds a certificate of
proficiency issued under Section 1701.357, Occupations Code, and is
carrying a photo identification that is issued by a federal, state,
or local law enforcement agency, as applicable, and that verifies
that the officer is:
(A) an honorably retired peace officer;
(B) a qualified retired law enforcement officer;
(C) a federal criminal investigator; or
(D) a former reserve law enforcement officer who
has served in that capacity not less than a total of 15 years with
one or more state or local law enforcement agencies;
(6) the state prosecuting attorney, the attorney
general, or a United States attorney, district attorney, criminal
district attorney, county attorney, or municipal attorney if the
person [who] is licensed to carry a concealed handgun under
Subchapter H, Chapter 411, Government Code;
(7) an assistant state prosecuting attorney,
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 6. If H.B. No. 3370, Acts of the 83rd Legislature,
Regular Session, 2013, does not become law, 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) the state prosecuting attorney, the attorney
general, or a United States attorney, district attorney, criminal
district attorney, county attorney, or municipal attorney if the
person [who] is licensed to carry a concealed handgun under
Subchapter H, Chapter 411, Government Code;
(7) an assistant state prosecuting attorney,
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 7. (a) The changes in law made by this Act to
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 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 subsection, an offense was committed before the effective date
of this Act if any element of the offense occurred before that date.
(b) The change in law made by this Act to Section
411.1882(a), Government Code, applies only to an application to
obtain or renew a license to carry a concealed handgun submitted on
or after the effective date of this Act. An application submitted
before the effective date of this Act is governed by the law in
effect when the application was submitted, and the former law is
continued in effect for that purpose.
SECTION 8. This Act takes effect on the 91st day after the
last day of the legislative session.