By: Huffman S.B. No. 1807
(In the Senate - Filed March 9, 2017; March 23, 2017, read
first time and referred to Committee on State Affairs;
April 3, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 3, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1807 By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to the application of certain handgun license laws to
certain federal and state attorneys and to the authority of those
attorneys to carry certain weapons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.179(c), Government Code, is amended
to read as follows:
(c) In adopting the form of the license under Subsection
(a), the department shall establish a procedure for the license of a
qualified handgun instructor or of a judge, justice, United States
attorney, assistant United States attorney, prosecuting attorney,
or assistant prosecuting attorney, as described by Section
46.15(a)(4), [or] (6), or (7), Penal Code, to indicate on the
license the license holder's status as a qualified handgun
instructor or as a judge, justice, United States attorney,
assistant United States attorney, district attorney, criminal
district attorney, or county attorney. In establishing the
procedure, the department shall require sufficient documentary
evidence to establish the license holder's status under this
subsection.
SECTION 2. 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, as a United States attorney, assistant United
States attorney, district attorney, assistant district attorney,
criminal district attorney, assistant criminal district attorney,
county attorney, or assistant county attorney, as a supervision
officer as defined by [Section 2,] Article 42A.001 [42.12], Code of
Criminal Procedure, or as a juvenile probation officer 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 3. Section 411.201(h), Government Code, is amended
to read as follows:
(h) The department shall issue a license to carry a handgun
under the authority of this subchapter to a United States attorney
or an assistant United States attorney, or to an [elected] attorney
elected or employed to represent [representing] the state in the
prosecution of felony cases, who meets the requirements of this
section for an active judicial officer. The department shall waive
any fee required for the issuance of an original, duplicate, or
renewed license under this subchapter for an applicant who is a
United States attorney or an assistant United States attorney or
who is an attorney elected or employed to represent the state in the
prosecution of felony cases.
SECTION 4. 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)(1), (2), (4), (5), and (6) [(4)-(6),] and (c) that 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; or
(3) a United States attorney, assistant United States
attorney, district attorney, assistant district attorney, criminal
district attorney, assistant criminal district attorney, county
attorney, or assistant county attorney.
SECTION 5. 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) an active judicial officer as defined by Section
411.201, Government Code, who is licensed to carry a 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) a United States attorney, district attorney,
criminal district attorney, county attorney, or municipal attorney
who is licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code;
(7) an assistant United States attorney, assistant
district attorney, assistant criminal district attorney, or
assistant county attorney who is licensed to carry a 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 handgun under Subchapter
H, 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. (a) To the extent of any conflict, this Act
prevails over another Act of the 85th Legislature, Regular Session,
2017, relating to nonsubstantive additions to and corrections in
enacted codes.
(b) The change in law made by this Act in amending Sections
46.035 and 46.15, Penal Code, applies 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 was committed before that date.
SECTION 7. This Act takes effect September 1, 2017.
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