86R7904 JSC-D
By: Kacal H.B. No. 2146
A BILL TO BE ENTITLED
AN ACT
relating to the carrying or possession of a handgun by and the
issuance of handgun licenses to certain governmental officials.
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 the attorney
general or 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, assistant attorney
general, district attorney, assistant district attorney, criminal
district attorney, assistant criminal district attorney, county
attorney, [or] assistant county attorney, municipal attorney, or
assistant municipal attorney, as a supervision officer as defined
by Article 42A.001, 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 2. Section 46.035(h-1), Penal Code, as added by
Chapter 1214 (H.B. 1889), 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)
and (c) that the actor, at the time of the commission of the
offense, was:
(1) an active judicial officer, as defined by Section
411.201, Government Code; [or]
(2) a bailiff designated by an [the] active judicial
officer and engaged in escorting the officer;
(3) a judge or justice of a federal court; or
(4) the attorney general or a United States attorney,
assistant United States attorney, assistant attorney general,
district attorney, assistant district attorney, criminal district
attorney, assistant criminal district attorney, county attorney,
assistant county attorney, municipal attorney, or assistant
municipal 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) 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) the attorney general or 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
attorney general, assistant district attorney, assistant criminal
district attorney, [or] assistant county attorney, or assistant
municipal 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;
(9) a juvenile probation officer who is authorized to
carry a firearm under Section 142.006, Human Resources Code; or
(10) a person who is volunteer emergency services
personnel if the person is:
(A) carrying a handgun under the authority of
Subchapter H, Chapter 411, Government Code; and
(B) engaged in providing emergency services.
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 repealed.
SECTION 5. Section 411.1882(a), Government Code, as amended
by this Act, applies only to an application for a license to carry a
handgun submitted on or after the effective date of this Act. An
application submitted before the effective date of this Act is
governed by the law in effect on the date the application was
submitted, and the former law is continued in effect for that
purpose.
SECTION 6. Sections 46.035 and 46.15, Penal Code, as
amended by this Act, 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 when 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 7. This Act takes effect September 1, 2019.