Texas 2019 - 86th Regular

Texas Senate Bill SB403 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R7904 JSC-D
2	2	By: Birdwell S.B. No. 403
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the carrying or possession of a handgun by and the
8	8	issuance of handgun licenses to certain governmental officials.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 411.1882(a), Government Code, is amended
11	11	to read as follows:
12	12	(a) A person who is serving in this state as the attorney
13	13	general or as a judge or justice of a federal court, as an active
14	14	judicial officer as defined by Section 411.201, as a United States
15	15	attorney, assistant United States attorney, assistant attorney
16	16	general, district attorney, assistant district attorney, criminal
17	17	district attorney, assistant criminal district attorney, county
18	18	attorney, [or] assistant county attorney, municipal attorney, or
19	19	assistant municipal attorney, as a supervision officer as defined
20	20	by Article 42A.001, Code of Criminal Procedure, or as a juvenile
21	21	probation officer may establish handgun proficiency for the
22	22	purposes of this subchapter by obtaining from a handgun proficiency
23	23	instructor approved by the Texas Commission on Law Enforcement for
24	24	purposes of Section 1702.1675, Occupations Code, a sworn statement
25	25	that indicates that the person, during the 12-month period
26	26	preceding the date of the person's application to the department,
27	27	demonstrated to the instructor proficiency in the use of handguns.
28	28	SECTION 2. Section 46.035(h-1), Penal Code, as added by
29	29	Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
30	30	Session, 2007, is amended to read as follows:
31	31	(h-1) It is a defense to prosecution under Subsections (b)
32	32	and (c) that the actor, at the time of the commission of the
33	33	offense, was:
34	34	(1) an active judicial officer, as defined by Section
35	35	411.201, Government Code; [or]
36	36	(2) a bailiff designated by an [the] active judicial
37	37	officer and engaged in escorting the officer;
38	38	(3) a judge or justice of a federal court; or
39	39	(4) the attorney general or a United States attorney,
40	40	assistant United States attorney, assistant attorney general,
41	41	district attorney, assistant district attorney, criminal district
42	42	attorney, assistant criminal district attorney, county attorney,
43	43	assistant county attorney, municipal attorney, or assistant
44	44	municipal attorney.
45	45	SECTION 3. Section 46.15(a), Penal Code, is amended to read
46	46	as follows:
47	47	(a) Sections 46.02 and 46.03 do not apply to:
48	48	(1) peace officers or special investigators under
49	49	Article 2.122, Code of Criminal Procedure, and neither section
50	50	prohibits a peace officer or special investigator from carrying a
51	51	weapon in this state, including in an establishment in this state
52	52	serving the public, regardless of whether the peace officer or
53	53	special investigator is engaged in the actual discharge of the
54	54	officer's or investigator's duties while carrying the weapon;
55	55	(2) parole officers and neither section prohibits an
56	56	officer from carrying a weapon in this state if the officer is:
57	57	(A) engaged in the actual discharge of the
58	58	officer's duties while carrying the weapon; and
59	59	(B) in compliance with policies and procedures
60	60	adopted by the Texas Department of Criminal Justice regarding the
61	61	possession of a weapon by an officer while on duty;
62	62	(3) community supervision and corrections department
63	63	officers appointed or employed under Section 76.004, Government
64	64	Code, and neither section prohibits an officer from carrying a
65	65	weapon in this state if the officer is:
66	66	(A) engaged in the actual discharge of the
67	67	officer's duties while carrying the weapon; and
68	68	(B) authorized to carry a weapon under Section
69	69	76.0051, Government Code;
70	70	(4) an active judicial officer as defined by Section
71	71	411.201, Government Code, who is licensed to carry a handgun under
72	72	Subchapter H, Chapter 411, Government Code;
73	73	(5) an honorably retired peace officer, qualified
74	74	retired law enforcement officer, federal criminal investigator, or
75	75	former reserve law enforcement officer who holds a certificate of
76	76	proficiency issued under Section 1701.357, Occupations Code, and is
77	77	carrying a photo identification that is issued by a federal, state,
78	78	or local law enforcement agency, as applicable, and that verifies
79	79	that the officer is:
80	80	(A) an honorably retired peace officer;
81	81	(B) a qualified retired law enforcement officer;
82	82	(C) a federal criminal investigator; or
83	83	(D) a former reserve law enforcement officer who
84	84	has served in that capacity not less than a total of 15 years with
85	85	one or more state or local law enforcement agencies;
86	86	(6) the attorney general or a United States attorney,
87	87	district attorney, criminal district attorney, county attorney, or
88	88	municipal attorney who is licensed to carry a handgun under
89	89	Subchapter H, Chapter 411, Government Code;
90	90	(7) an assistant United States attorney, assistant
91	91	attorney general, assistant district attorney, assistant criminal
92	92	district attorney, [or] assistant county attorney, or assistant
93	93	municipal attorney who is licensed to carry a handgun under
94	94	Subchapter H, Chapter 411, Government Code;
95	95	(8) a bailiff designated by an active judicial officer
96	96	as defined by Section 411.201, Government Code, who is:
97	97	(A) licensed to carry a handgun under Subchapter
98	98	H, Chapter 411, Government Code; and
99	99	(B) engaged in escorting the judicial officer;
100	100	(9) a juvenile probation officer who is authorized to
101	101	carry a firearm under Section 142.006, Human Resources Code; or
102	102	(10) a person who is volunteer emergency services
103	103	personnel if the person is:
104	104	(A) carrying a handgun under the authority of
105	105	Subchapter H, Chapter 411, Government Code; and
106	106	(B) engaged in providing emergency services.
107	107	SECTION 4. Section 46.035(h-1), Penal Code, as added by
108	108	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
109	109	Session, 2007, is repealed.
110	110	SECTION 5. Section 411.1882(a), Government Code, as amended
111	111	by this Act, applies only to an application for a license to carry a
112	112	handgun submitted on or after the effective date of this Act. An
113	113	application submitted before the effective date of this Act is
114	114	governed by the law in effect on the date the application was
115	115	submitted, and the former law is continued in effect for that
116	116	purpose.
117	117	SECTION 6. Sections 46.035 and 46.15, Penal Code, as
118	118	amended by this Act, apply only to an offense committed on or after
119	119	the effective date of this Act. An offense committed before the
120	120	effective date of this Act is governed by the law in effect when the
121	121	offense was committed, and the former law is continued in effect for
122	122	that purpose. For purposes of this section, an offense was
123	123	committed before the effective date of this Act if any element of
124	124	the offense occurred before that date.
125	125	SECTION 7. This Act takes effect September 1, 2019.