Texas 2015 - 84th Regular

Texas Senate Bill SB1329 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R12151 GCB-D
2	2	By: Campbell S.B. No. 1329
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the application of certain concealed handgun license
8	8	laws to the attorney general, to assistant attorneys general, and
9	9	to federal prosecutors, judges, and justices, and to the authority
10	10	of those individuals to carry certain weapons.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 411.1882(a), Government Code, is amended
13	13	to read as follows:
14	14	(a) A person who is serving in this state as a judge or
15	15	justice of a federal court, as an active judicial officer, as
16	16	defined by Section 411.201, or as the attorney general or an
17	17	assistant attorney general, United States attorney, assistant
18	18	United States attorney, special assistant United States attorney,
19	19	[a] district attorney, assistant district attorney, criminal
20	20	district attorney, assistant criminal district attorney, county
21	21	attorney, or assistant county attorney may establish handgun
22	22	proficiency for the purposes of this subchapter by obtaining from a
23	23	handgun proficiency instructor approved by the Texas Commission on
24	24	Law Enforcement for purposes of Section 1702.1675, Occupations
25	25	Code, a sworn statement that indicates that the person, during the
26	26	12-month period preceding the date of the person's application to
27	27	the department, demonstrated to the instructor proficiency in the
28	28	use of handguns.
29	29	SECTION 2. Section 46.035(h-1), Penal Code, as added by
30	30	Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
31	31	Legislature, Regular Session, 2007, is reenacted and amended to
32	32	read as follows:
33	33	(h-1) It is a defense to prosecution under Subsections (b)
34	34	and (c) that the actor, at the time of the commission of the
35	35	offense, was:
36	36	(1) a judge or justice of a federal court;
37	37	(2) an active judicial officer, as defined by Section
38	38	411.201, Government Code; [or]
39	39	(3) [(2)] a bailiff designated by the active judicial
40	40	officer and engaged in escorting the officer; or
41	41	(4) the attorney general or an assistant attorney
42	42	general, United States attorney, assistant United States attorney,
43	43	special assistant United States attorney, [(3) a] district
44	44	attorney, assistant district attorney, criminal district attorney,
45	45	assistant criminal district attorney, county attorney, or
46	46	assistant county attorney.
47	47	SECTION 3. Section 46.15(a), Penal Code, is amended to read
48	48	as follows:
49	49	(a) Sections 46.02 and 46.03 do not apply to:
50	50	(1) peace officers or special investigators under
51	51	Article 2.122, Code of Criminal Procedure, and neither section
52	52	prohibits a peace officer or special investigator from carrying a
53	53	weapon in this state, including in an establishment in this state
54	54	serving the public, regardless of whether the peace officer or
55	55	special investigator is engaged in the actual discharge of the
56	56	officer's or investigator's duties while carrying the weapon;
57	57	(2) parole officers and neither section prohibits an
58	58	officer from carrying a weapon in this state if the officer is:
59	59	(A) engaged in the actual discharge of the
60	60	officer's duties while carrying the weapon; and
61	61	(B) in compliance with policies and procedures
62	62	adopted by the Texas Department of Criminal Justice regarding the
63	63	possession of a weapon by an officer while on duty;
64	64	(3) community supervision and corrections department
65	65	officers appointed or employed under Section 76.004, Government
66	66	Code, and neither section prohibits an officer from carrying a
67	67	weapon in this state if the officer is:
68	68	(A) engaged in the actual discharge of the
69	69	officer's duties while carrying the weapon; and
70	70	(B) authorized to carry a weapon under Section
71	71	76.0051, Government Code;
72	72	(4) a judge or justice of a federal court or an active
73	73	judicial officer as defined by Section 411.201, Government Code,
74	74	who is licensed to carry a concealed handgun under Subchapter H,
75	75	Chapter 411, Government Code;
76	76	(5) an honorably retired peace officer, qualified
77	77	retired law enforcement officer, federal criminal investigator, or
78	78	former reserve law enforcement officer who holds a certificate of
79	79	proficiency issued under Section 1701.357, Occupations Code, and is
80	80	carrying a photo identification that is issued by a federal, state,
81	81	or local law enforcement agency, as applicable, and that verifies
82	82	that the officer is:
83	83	(A) an honorably retired peace officer;
84	84	(B) a qualified retired law enforcement officer;
85	85	(C) a federal criminal investigator; or
86	86	(D) a former reserve law enforcement officer who
87	87	has served in that capacity not less than a total of 15 years with
88	88	one or more state or local law enforcement agencies;
89	89	(6) the attorney general or a United states attorney,
90	90	district attorney, criminal district attorney, county attorney, or
91	91	municipal attorney who is licensed to carry a concealed handgun
92	92	under Subchapter H, Chapter 411, Government Code;
93	93	(7) an assistant attorney general, assistant United
94	94	States attorney, special assistant United States attorney,
95	95	assistant district attorney, assistant criminal district attorney,
96	96	or assistant county attorney who is licensed to carry a concealed
97	97	handgun under Subchapter H, Chapter 411, Government Code;
98	98	(8) a bailiff designated by an active judicial officer
99	99	as defined by Section 411.201, Government Code, who is:
100	100	(A) licensed to carry a concealed handgun under
101	101	Chapter 411, Government Code; and
102	102	(B) engaged in escorting the judicial officer; or
103	103	(9) a juvenile probation officer who is authorized to
104	104	carry a firearm under Section 142.006, Human Resources Code.
105	105	SECTION 4. The changes in law made by this Act to Sections
106	106	46.035(h-1) and 46.15(a), Penal Code, apply only to an offense
107	107	committed on or after the effective date of this Act. An offense
108	108	committed before the effective date of this Act is governed by the
109	109	law in effect on the date the offense was committed, and the former
110	110	law is continued in effect for that purpose. For purposes of this
111	111	section, an offense was committed before the effective date of this
112	112	Act if any element of the offense occurred before that date.
113	113	SECTION 5. This Act takes effect September 1, 2015.