Texas 2015 - 84th Regular

Texas House Bill HB1285 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R1903 LEH-D
2	2	By: Simmons, Flynn H.B. No. 1285
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of certain personal protection officers
8	8	to carry certain weapons.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 46.15(a) and (b), Penal Code, are
11	11	amended to read as follows:
12	12	(a) Sections 46.02 and 46.03 do not apply to:
13	13	(1) peace officers or special investigators under
14	14	Article 2.122, Code of Criminal Procedure, and neither section
15	15	prohibits a peace officer or special investigator from carrying a
16	16	weapon in this state, including in an establishment in this state
17	17	serving the public, regardless of whether the peace officer or
18	18	special investigator is engaged in the actual discharge of the
19	19	officer's or investigator's duties while carrying the weapon;
20	20	(2) parole officers and neither section prohibits an
21	21	officer from carrying a weapon in this state if the officer is:
22	22	(A) engaged in the actual discharge of the
23	23	officer's duties while carrying the weapon; and
24	24	(B) in compliance with policies and procedures
25	25	adopted by the Texas Department of Criminal Justice regarding the
26	26	possession of a weapon by an officer while on duty;
27	27	(3) community supervision and corrections department
28	28	officers appointed or employed under Section 76.004, Government
29	29	Code, and neither section prohibits an officer from carrying a
30	30	weapon in this state if the officer is:
31	31	(A) engaged in the actual discharge of the
32	32	officer's duties while carrying the weapon; and
33	33	(B) authorized to carry a weapon under Section
34	34	76.0051, Government Code;
35	35	(4) an active judicial officer as defined by Section
36	36	411.201, Government Code, who is licensed to carry a concealed
37	37	handgun under Subchapter H, Chapter 411, Government Code;
38	38	(5) an honorably retired peace officer, qualified
39	39	retired law enforcement officer, federal criminal investigator, or
40	40	former reserve law enforcement officer who holds a certificate of
41	41	proficiency issued under Section 1701.357, Occupations Code, and is
42	42	carrying a photo identification that is issued by a federal, state,
43	43	or local law enforcement agency, as applicable, and that verifies
44	44	that the officer is:
45	45	(A) an honorably retired peace officer;
46	46	(B) a qualified retired law enforcement officer;
47	47	(C) a federal criminal investigator; or
48	48	(D) a former reserve law enforcement officer who
49	49	has served in that capacity not less than a total of 15 years with
50	50	one or more state or local law enforcement agencies;
51	51	(6) a district attorney, criminal district attorney,
52	52	county attorney, or municipal attorney who is licensed to carry a
53	53	concealed handgun under Subchapter H, Chapter 411, Government Code;
54	54	(7) an assistant district attorney, assistant
55	55	criminal district attorney, or assistant county attorney who is
56	56	licensed to carry a concealed handgun under Subchapter H, Chapter
57	57	411, Government Code;
58	58	(8) a bailiff designated by an active judicial officer
59	59	as defined by Section 411.201, Government Code, who is:
60	60	(A) licensed to carry a concealed handgun under
61	61	Chapter 411, Government Code; and
62	62	(B) engaged in escorting the judicial officer;
63	63	[or]
64	64	(9) a juvenile probation officer who is authorized to
65	65	carry a firearm under Section 142.006, Human Resources Code; or
66	66	(10) a person who acts as a personal protection
67	67	officer and carries the person's security officer commission and
68	68	personal protection officer authorization, if the person:
69	69	(A) is engaged in the performance of the person's
70	70	duties as a personal protection officer under Chapter 1702,
71	71	Occupations Code, or is traveling to or from the person's place of
72	72	assignment; and
73	73	(B) is either:
74	74	(i) wearing the uniform of a security
75	75	officer, including any uniform or apparel described by Section
76	76	1702.323(d), Occupations Code, and carrying the officer's weapon in
77	77	plain view; or
78	78	(ii) not wearing the uniform of a security
79	79	officer and carrying the officer's weapon in a concealed manner.
80	80	(b) Section 46.02 does not apply to a person who:
81	81	(1) is in the actual discharge of official duties as a
82	82	member of the armed forces or state military forces as defined by
83	83	Section 437.001, Government Code, or as a guard employed by a penal
84	84	institution;
85	85	(2) is traveling;
86	86	(3) is engaging in lawful hunting, fishing, or other
87	87	sporting activity on the immediate premises where the activity is
88	88	conducted, or is en route between the premises and the actor's
89	89	residence, motor vehicle, or watercraft, if the weapon is a type
90	90	commonly used in the activity;
91	91	(4) holds a security officer commission issued by the
92	92	Texas Private Security Board, if the person is engaged in the
93	93	performance of the person's duties as an officer commissioned under
94	94	Chapter 1702, Occupations Code, or is traveling to or from the
95	95	person's place of assignment and is wearing the officer's uniform
96	96	and carrying the officer's weapon in plain view;
97	97	(5) [acts as a personal protection officer and carries
98	98	the person's security officer commission and personal protection
99	99	officer authorization, if the person:
100	100	[(A) is engaged in the performance of the
101	101	person's duties as a personal protection officer under Chapter
102	102	1702, Occupations Code, or is traveling to or from the person's
103	103	place of assignment; and
104	104	[(B) is either:
105	105	[(i) wearing the uniform of a security
106	106	officer, including any uniform or apparel described by Section
107	107	1702.323(d), Occupations Code, and carrying the officer's weapon in
108	108	plain view; or
109	109	[(ii) not wearing the uniform of a security
110	110	officer and carrying the officer's weapon in a concealed manner;
111	111	[(6)] is carrying a concealed handgun and a valid
112	112	license issued under Subchapter H, Chapter 411, Government Code, to
113	113	carry a concealed handgun;
114	114	(6) [(7)] holds an alcoholic beverage permit or
115	115	license or is an employee of a holder of an alcoholic beverage
116	116	permit or license if the person is supervising the operation of the
117	117	permitted or licensed premises; or
118	118	(7) [(8)] is a student in a law enforcement class
119	119	engaging in an activity required as part of the class, if the weapon
120	120	is a type commonly used in the activity and the person is:
121	121	(A) on the immediate premises where the activity
122	122	is conducted; or
123	123	(B) en route between those premises and the
124	124	person's residence and is carrying the weapon unloaded.
125	125	SECTION 2. The change in law made by this Act applies only
126	126	to an offense committed on or after the effective date of this Act.
127	127	An offense committed before the effective date of this Act is
128	128	governed by the law in effect on the date the offense was committed,
129	129	and the former law is continued in effect for that purpose. For
130	130	purposes of this section, an offense was committed before the
131	131	effective date of this Act if any element of the offense occurred
132	132	before that date.
133	133	SECTION 3. This Act takes effect September 1, 2015.