| 1 | 1 | | 84R694 AJZ-D |
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| 2 | 2 | | By: Ashby, Leach, Moody H.B. No. 278 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to authorizing certain attorneys representing the state to |
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| 8 | 8 | | openly carry a handgun. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 46.035, Penal Code, is amended by adding |
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| 11 | 11 | | Subsection (h-2) to read as follows: |
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| 12 | 12 | | (h-2) It is a defense to prosecution under Subsection (a) |
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| 13 | 13 | | that at the time of the commission of the offense the actor was a |
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| 14 | 14 | | district attorney, assistant district attorney, criminal district |
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| 15 | 15 | | attorney, assistant criminal district attorney, county attorney, |
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| 16 | 16 | | assistant county attorney, or municipal attorney. |
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| 17 | 17 | | SECTION 2. Section 46.15(a), Penal Code, is amended to read |
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| 18 | 18 | | as follows: |
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| 19 | 19 | | (a) Sections 46.02 and 46.03 do not apply to: |
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| 20 | 20 | | (1) peace officers or special investigators under |
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| 21 | 21 | | Article 2.122, Code of Criminal Procedure, and neither section |
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| 22 | 22 | | prohibits a peace officer or special investigator from carrying a |
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| 23 | 23 | | weapon in this state, including in an establishment in this state |
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| 24 | 24 | | serving the public, regardless of whether the peace officer or |
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| 25 | 25 | | special investigator is engaged in the actual discharge of the |
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| 26 | 26 | | officer's or investigator's duties while carrying the weapon; |
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| 27 | 27 | | (2) parole officers and neither section prohibits an |
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| 28 | 28 | | officer from carrying a weapon in this state if the officer is: |
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| 29 | 29 | | (A) engaged in the actual discharge of the |
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| 30 | 30 | | officer's duties while carrying the weapon; and |
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| 31 | 31 | | (B) in compliance with policies and procedures |
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| 32 | 32 | | adopted by the Texas Department of Criminal Justice regarding the |
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| 33 | 33 | | possession of a weapon by an officer while on duty; |
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| 34 | 34 | | (3) community supervision and corrections department |
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| 35 | 35 | | officers appointed or employed under Section 76.004, Government |
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| 36 | 36 | | Code, and neither section prohibits an officer from carrying a |
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| 37 | 37 | | weapon in this state if the officer is: |
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| 38 | 38 | | (A) engaged in the actual discharge of the |
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| 39 | 39 | | officer's duties while carrying the weapon; and |
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| 40 | 40 | | (B) authorized to carry a weapon under Section |
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| 41 | 41 | | 76.0051, Government Code; |
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| 42 | 42 | | (4) an active judicial officer as defined by Section |
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| 43 | 43 | | 411.201, Government Code, who is licensed to carry a concealed |
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| 44 | 44 | | handgun under Subchapter H, Chapter 411, Government Code; |
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| 45 | 45 | | (5) an honorably retired peace officer, qualified |
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| 46 | 46 | | retired law enforcement officer, federal criminal investigator, or |
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| 47 | 47 | | former reserve law enforcement officer who holds a certificate of |
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| 48 | 48 | | proficiency issued under Section 1701.357, Occupations Code, and is |
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| 49 | 49 | | carrying a photo identification that is issued by a federal, state, |
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| 50 | 50 | | or local law enforcement agency, as applicable, and that verifies |
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| 51 | 51 | | that the officer is: |
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| 52 | 52 | | (A) an honorably retired peace officer; |
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| 53 | 53 | | (B) a qualified retired law enforcement officer; |
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| 54 | 54 | | (C) a federal criminal investigator; or |
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| 55 | 55 | | (D) a former reserve law enforcement officer who |
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| 56 | 56 | | has served in that capacity not less than a total of 15 years with |
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| 57 | 57 | | one or more state or local law enforcement agencies; |
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| 58 | 58 | | (6) a district attorney, criminal district attorney, |
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| 59 | 59 | | county attorney, or municipal attorney who is licensed to carry a |
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| 60 | 60 | | concealed handgun under Subchapter H, Chapter 411, Government Code, |
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| 61 | 61 | | who is carrying the handgun in plain view or in a concealed manner; |
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| 62 | 62 | | (7) an assistant district attorney, assistant |
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| 63 | 63 | | criminal district attorney, or assistant county attorney who is |
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| 64 | 64 | | licensed to carry a concealed handgun under Subchapter H, Chapter |
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| 65 | 65 | | 411, Government Code, who is carrying the handgun in plain view or |
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| 66 | 66 | | in a concealed manner; |
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| 67 | 67 | | (8) a bailiff designated by an active judicial officer |
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| 68 | 68 | | as defined by Section 411.201, Government Code, who is: |
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| 69 | 69 | | (A) licensed to carry a concealed handgun under |
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| 70 | 70 | | Chapter 411, Government Code; and |
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| 71 | 71 | | (B) engaged in escorting the judicial officer; or |
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| 72 | 72 | | (9) a juvenile probation officer who is authorized to |
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| 73 | 73 | | carry a firearm under Section 142.006, Human Resources Code. |
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| 74 | 74 | | SECTION 3. The change in law made by this Act applies only |
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| 75 | 75 | | to an offense committed on or after the effective date of this Act. |
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| 76 | 76 | | An offense committed before the effective date of this Act is |
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| 77 | 77 | | governed by the law in effect on the date the offense was committed, |
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| 78 | 78 | | and the former law is continued in effect for that purpose. For |
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| 79 | 79 | | purposes of this section, an offense was committed before the |
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| 80 | 80 | | effective date of this Act if any element of the offense occurred |
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| 81 | 81 | | before that date. |
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| 82 | 82 | | SECTION 4. This Act takes effect September 1, 2015. |
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