87R5617 JSC-D
By: Kacal H.B. No. 2303
A BILL TO BE ENTITLED
AN ACT
relating to the carrying or possession of a handgun by peace
officers, special investigators, certain retired law enforcement
officers, municipal attorneys, and assistant municipal attorneys
and the issuance of handgun licenses to municipal attorneys and
assistant municipal attorneys.
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 46.15, Penal Code, is amended by
amending Subsection (a) and adding Subsection (m) 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 or other
qualified retired law enforcement officer, as defined by 18 U.S.C.
Section 926C, 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 an honorably retired peace officer or other qualified
retired law enforcement officer;
(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.
(m) Section 46.035 does not apply to:
(1) peace officers or special investigators under
Article 2.122, Code of Criminal Procedure, and that section does
not prohibit a peace officer or special investigator from carrying
a handgun 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 handgun; or
(2) an honorably retired peace officer or other
qualified retired law enforcement officer, as defined by 18 U.S.C.
Section 926C, 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 an honorably retired peace officer or other qualified
retired law enforcement officer.
SECTION 3. 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 4. Section 46.15, Penal Code, as amended by this
Act, 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
occurred before that date.
SECTION 5. Section 46.15(m), Penal Code, as added by this
Act, is intended only to clarify existing law with respect to the
locations in which peace officers, special investigators, and
qualified retired law enforcement officers may carry a handgun.
SECTION 6. This Act takes effect September 1, 2021.