Texas 2019 - 86th Regular

Texas House Bill HB2051 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R28325~~ JSC-F
	1	+	86R778 JSC-F
2	2		By: Murr H.B. No. 2051
3		-	Substitute the following for H.B. No. 2051:
4		-	By: Burns C.S.H.B. No. 2051
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to the carrying or possession of a handgun by certain
10		-	retired judges and justices and certain other governmental
11		-	officials.
	7	+	relating to the carrying or possession of a handgun by a retired
	8	+	judicial officer and certain other governmental officials.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Section 46.035(h-1), Penal Code, as added by
14	11		Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
15	12		Session, 2007, is amended to read as follows:
16	13		(h-1) It is a defense to prosecution under Subsections (b)
17	14		and (c) that the actor, at the time of the commission of the
18	15		offense, was:
19	16		(1) an active or retired judicial officer, as defined
20	17		by Section 411.201, Government Code; [or]
21	18		(2) a bailiff designated by an [the] active judicial
22	19		officer and engaged in escorting the officer;
23		-	(3) a judge or justice of a federal court;
24		-	(4) a person who retired after serving as a judge or
25		-	justice described by Section 411.201(a)(1)(A), Government Code; or
26		-	(5) the attorney general or a United States attorney,
	20	+	(3) a judge or justice of a federal court; or
	21	+	(4) the attorney general or a United States attorney,
27	22		assistant United States attorney, assistant attorney general,
28	23		district attorney, assistant district attorney, criminal district
29	24		attorney, assistant criminal district attorney, county attorney,
30	25		or assistant county attorney.
31	26		SECTION 2. Section 46.15(a), Penal Code, is amended to read
32	27		as follows:
33	28		(a) Sections 46.02 and 46.03 do not apply to:
34	29		(1) peace officers or special investigators under
35	30		Article 2.122, Code of Criminal Procedure, and neither section
36	31		prohibits a peace officer or special investigator from carrying a
37	32		weapon in this state, including in an establishment in this state
38	33		serving the public, regardless of whether the peace officer or
39	34		special investigator is engaged in the actual discharge of the
40	35		officer's or investigator's duties while carrying the weapon;
41	36		(2) parole officers and neither section prohibits an
42	37		officer from carrying a weapon in this state if the officer is:
43	38		(A) engaged in the actual discharge of the
44	39		officer's duties while carrying the weapon; and
45	40		(B) in compliance with policies and procedures
46	41		adopted by the Texas Department of Criminal Justice regarding the
47	42		possession of a weapon by an officer while on duty;
48	43		(3) community supervision and corrections department
49	44		officers appointed or employed under Section 76.004, Government
50	45		Code, and neither section prohibits an officer from carrying a
51	46		weapon in this state if the officer is:
52	47		(A) engaged in the actual discharge of the
53	48		officer's duties while carrying the weapon; and
54	49		(B) authorized to carry a weapon under Section
55	50		76.0051, Government Code;
56	51		(4) an active or retired judicial officer as defined
57	52		by Section 411.201, Government Code, who is licensed to carry a
58	53		handgun under Subchapter H, Chapter 411, Government Code;
59	54		(5) an honorably retired peace officer, qualified
60	55		retired law enforcement officer, federal criminal investigator, or
61	56		former reserve law enforcement officer who holds a certificate of
62	57		proficiency issued under Section 1701.357, Occupations Code, and is
63	58		carrying a photo identification that is issued by a federal, state,
64	59		or local law enforcement agency, as applicable, and that verifies
65	60		that the officer is:
66	61		(A) an honorably retired peace officer;
67	62		(B) a qualified retired law enforcement officer;
68	63		(C) a federal criminal investigator; or
69	64		(D) a former reserve law enforcement officer who
70	65		has served in that capacity not less than a total of 15 years with
71	66		one or more state or local law enforcement agencies;
72	67		(6) the attorney general or a United States attorney,
73	68		district attorney, criminal district attorney, county attorney, or
74	69		municipal attorney who is licensed to carry a handgun under
75	70		Subchapter H, Chapter 411, Government Code;
76	71		(7) an assistant United States attorney, assistant
77	72		attorney general, assistant district attorney, assistant criminal
78	73		district attorney, or assistant county attorney who is licensed to
79	74		carry a handgun under Subchapter H, Chapter 411, Government Code;
80	75		(8) a bailiff designated by an active judicial officer
81	76		as defined by Section 411.201, Government Code, who is:
82	77		(A) licensed to carry a handgun under Subchapter
83	78		H, Chapter 411, Government Code; and
84	79		(B) engaged in escorting the judicial officer;
85	80		(9) a juvenile probation officer who is authorized to
86		-	carry a firearm under Section 142.006, Human Resources Code; [or]
	81	+	carry a firearm under Section 142.006, Human Resources Code; or
87	82		(10) a person who is volunteer emergency services
88	83		personnel if the person is:
89	84		(A) carrying a handgun under the authority of
90	85		Subchapter H, Chapter 411, Government Code; and
91		-	(B) engaged in providing emergency services; or
92		-	(11) a person who:
93		-	(A) retired after serving as a judge or justice
94		-	described by Section 411.201(a)(1)(A), Government Code; and
95		-	(B) is licensed to carry a handgun under
96		-	Subchapter H, Chapter 411, Government Code.
	86	+	(B) engaged in providing emergency services.
97	87		SECTION 3. Section 46.035(h-1), Penal Code, as added by
98	88		Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
99	89		Session, 2007, is repealed.
100	90		SECTION 4. The changes in law made by this Act apply only to
101	91		an offense committed on or after the effective date of this Act. An
102	92		offense committed before the effective date of this Act is governed
103	93		by the law in effect when the offense was committed, and the former
104	94		law is continued in effect for that purpose. For purposes of this
105	95		section, an offense was committed before the effective date of this
106	96		Act if any element of the offense occurred before that date.
107	97		SECTION 5. This Act takes effect September 1, 2019.