Texas 2017 - 85th Regular

Texas Senate Bill SB1807 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R20292 ADM-D
2	1		By: Huffman S.B. No. 1807
3		-	(Metcalf)
4		-	Substitute the following for S.B. No. 1807: No.
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the application of certain handgun license laws to
10	7		certain federal and state attorneys and to the authority of those
11	8		attorneys to carry certain weapons.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Section 411.179(c), Government Code, is amended
14	11		to read as follows:
15	12		(c) In adopting the form of the license under Subsection
16	13		(a), the department shall establish a procedure for the license of a
17		-	qualified handgun instructor or of the attorney general or a judge,
18		-	justice, United States attorney, assistant United States attorney,
19		-	assistant attorney general, prosecuting attorney, or assistant
20		-	prosecuting attorney, as described by Section 46.15(a)(4), [or]
21		-	(6), or (7), Penal Code, to indicate on the license the license
22		-	holder's status as a qualified handgun instructor or as the
23		-	attorney general or a judge, justice, United States attorney,
24		-	assistant United States attorney, assistant attorney general,
25		-	district attorney, criminal district attorney, or county attorney.
26		-	In establishing the procedure, the department shall require
27		-	sufficient documentary evidence to establish the license holder's
28		-	status under this subsection.
	14	+	qualified handgun instructor or of a judge, justice, United States
	15	+	attorney, assistant United States attorney, prosecuting attorney,
	16	+	or assistant prosecuting attorney, as described by Section
	17	+	46.15(a)(4), [or] (6), or (7), Penal Code, to indicate on the
	18	+	license the license holder's status as a qualified handgun
	19	+	instructor or as a judge, justice, United States attorney,
	20	+	assistant United States attorney, district attorney, criminal
	21	+	district attorney, or county attorney. In establishing the
	22	+	procedure, the department shall require sufficient documentary
	23	+	evidence to establish the license holder's status under this
	24	+	subsection.
29	25		SECTION 2. Section 411.1882(a), Government Code, is amended
30	26		to read as follows:
31		-	(a) A person who is serving in this state as the attorney
32		-	general or as a judge or justice of a federal court, as an active
33		-	judicial officer as defined by Section 411.201, as a United States
34		-	attorney, assistant United States attorney, assistant attorney
35		-	general, district attorney, assistant district attorney, criminal
36		-	district attorney, assistant criminal district attorney, county
37		-	attorney, or assistant county attorney, as a supervision officer as
38		-	defined by [Section 2,] Article 42A.001 [42.12], Code of Criminal
39		-	Procedure, or as a juvenile probation officer may establish handgun
40		-	proficiency for the purposes of this subchapter by obtaining from a
41		-	handgun proficiency instructor approved by the Texas Commission on
42		-	Law Enforcement for purposes of Section 1702.1675, Occupations
43		-	Code, a sworn statement that indicates that the person, during the
44		-	12-month period preceding the date of the person's application to
45		-	the department, demonstrated to the instructor proficiency in the
46		-	use of handguns.
	27	+	(a) A person who is serving in this state as a judge or
	28	+	justice of a federal court, as an active judicial officer as defined
	29	+	by Section 411.201, as a United States attorney, assistant United
	30	+	States attorney, district attorney, assistant district attorney,
	31	+	criminal district attorney, assistant criminal district attorney,
	32	+	county attorney, or assistant county attorney, as a supervision
	33	+	officer as defined by [Section 2,] Article 42A.001 [42.12], Code of
	34	+	Criminal Procedure, or as a juvenile probation officer may
	35	+	establish handgun proficiency for the purposes of this subchapter
	36	+	by obtaining from a handgun proficiency instructor approved by the
	37	+	Texas Commission on Law Enforcement for purposes of Section
	38	+	1702.1675, Occupations Code, a sworn statement that indicates that
	39	+	the person, during the 12-month period preceding the date of the
	40	+	person's application to the department, demonstrated to the
	41	+	instructor proficiency in the use of handguns.
47	42		SECTION 3. Section 411.201(h), Government Code, is amended
48	43		to read as follows:
49	44		(h) The department shall issue a license to carry a handgun
50	45		under the authority of this subchapter to a United States attorney
51	46		or an assistant United States attorney, or to an [elected] attorney
52	47		elected or employed to represent [representing] the state in the
53	48		prosecution of felony cases, who meets the requirements of this
54	49		section for an active judicial officer. The department shall waive
55	50		any fee required for the issuance of an original, duplicate, or
56	51		renewed license under this subchapter for an applicant who is a
57	52		United States attorney or an assistant United States attorney or
58	53		who is an attorney elected or employed to represent the state in the
59	54		prosecution of felony cases.
60	55		SECTION 4. Section 46.035(h-1), Penal Code, as added by
61	56		Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
62	57		Session, 2007, is amended to read as follows:
63	58		(h-1) It is a defense to prosecution under Subsections
64	59		(b)(1), (2), (4), (5), and (6) [(4)-(6),] and (c) that at the time
65	60		of the commission of the offense, the actor was:
66	61		(1) a judge or justice of a federal court;
67	62		(2) an active judicial officer, as defined by Section
68	63		411.201, Government Code; or
69		-	(3) the attorney general or a United States attorney,
70		-	assistant United States attorney, assistant attorney general,
71		-	district attorney, assistant district attorney, criminal district
72		-	attorney, assistant criminal district attorney, county attorney,
73		-	or assistant county attorney.
	64	+	(3) a United States attorney, assistant United States
	65	+	attorney, district attorney, assistant district attorney, criminal
	66	+	district attorney, assistant criminal district attorney, county
	67	+	attorney, or assistant county attorney.
74	68		SECTION 5. Section 46.15(a), Penal Code, is amended to read
75	69		as follows:
76	70		(a) Sections 46.02 and 46.03 do not apply to:
77	71		(1) peace officers or special investigators under
78	72		Article 2.122, Code of Criminal Procedure, and neither section
79	73		prohibits a peace officer or special investigator from carrying a
80	74		weapon in this state, including in an establishment in this state
81	75		serving the public, regardless of whether the peace officer or
82	76		special investigator is engaged in the actual discharge of the
83	77		officer's or investigator's duties while carrying the weapon;
84	78		(2) parole officers and neither section prohibits an
85	79		officer from carrying a weapon in this state if the officer is:
86	80		(A) engaged in the actual discharge of the
87	81		officer's duties while carrying the weapon; and
88	82		(B) in compliance with policies and procedures
89	83		adopted by the Texas Department of Criminal Justice regarding the
90	84		possession of a weapon by an officer while on duty;
91	85		(3) community supervision and corrections department
92	86		officers appointed or employed under Section 76.004, Government
93	87		Code, and neither section prohibits an officer from carrying a
94	88		weapon in this state if the officer is:
95	89		(A) engaged in the actual discharge of the
96	90		officer's duties while carrying the weapon; and
97	91		(B) authorized to carry a weapon under Section
98	92		76.0051, Government Code;
99	93		(4) an active judicial officer as defined by Section
100	94		411.201, Government Code, who is licensed to carry a handgun under
101	95		Subchapter H, Chapter 411, Government Code;
102	96		(5) an honorably retired peace officer, qualified
103	97		retired law enforcement officer, federal criminal investigator, or
104	98		former reserve law enforcement officer who holds a certificate of
105	99		proficiency issued under Section 1701.357, Occupations Code, and is
106	100		carrying a photo identification that is issued by a federal, state,
107	101		or local law enforcement agency, as applicable, and that verifies
108	102		that the officer is:
109	103		(A) an honorably retired peace officer;
110	104		(B) a qualified retired law enforcement officer;
111	105		(C) a federal criminal investigator; or
112	106		(D) a former reserve law enforcement officer who
113	107		has served in that capacity not less than a total of 15 years with
114	108		one or more state or local law enforcement agencies;
115		-	(6) the attorney general or a United States attorney,
116		-	district attorney, criminal district attorney, county attorney, or
117		-	municipal attorney who is licensed to carry a handgun under
	109	+	(6) a United States attorney, district attorney,
	110	+	criminal district attorney, county attorney, or municipal attorney
	111	+	who is licensed to carry a handgun under Subchapter H, Chapter 411,
	112	+	Government Code;
	113	+	(7) an assistant United States attorney, assistant
	114	+	district attorney, assistant criminal district attorney, or
	115	+	assistant county attorney who is licensed to carry a handgun under
118	116		Subchapter H, Chapter 411, Government Code;
119		-	(7) an assistant United States attorney, assistant
120		-	attorney general, assistant district attorney, assistant criminal
121		-	district attorney, or assistant county attorney who is licensed to
122		-	carry a handgun under Subchapter H, Chapter 411, Government Code;
123	117		(8) a bailiff designated by an active judicial officer
124	118		as defined by Section 411.201, Government Code, who is:
125	119		(A) licensed to carry a handgun under Subchapter
126	120		H, Chapter 411, Government Code; and
127	121		(B) engaged in escorting the judicial officer; or
128	122		(9) a juvenile probation officer who is authorized to
129	123		carry a firearm under Section 142.006, Human Resources Code.
130	124		SECTION 6. (a) To the extent of any conflict, this Act
131	125		prevails over another Act of the 85th Legislature, Regular Session,
132	126		2017, relating to nonsubstantive additions to and corrections in
133	127		enacted codes.
134	128		(b) The change in law made by this Act in amending Sections
135	129		46.035 and 46.15, Penal Code, applies only to an offense committed
136	130		on or after the effective date of this Act. An offense committed
137	131		before the effective date of this Act is governed by the law in
138	132		effect on the date the offense was committed, and the former law is
139	133		continued in effect for that purpose. For purposes of this section,
140	134		an offense was committed before the effective date of this Act if
141	135		any element of the offense was committed before that date.
142	136		SECTION 7. This Act takes effect September 1, 2017.