84R12151 GCB-D
By: Campbell S.B. No. 1329
A BILL TO BE ENTITLED
AN ACT
relating to the application of certain concealed handgun license
laws to the attorney general, to assistant attorneys general, and
to federal prosecutors, judges, and justices, and to the authority
of those individuals to carry certain weapons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 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 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. Section 46.035(h-1), 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. 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, 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 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 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
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, 2015.