Texas 2023 - 88th Regular

Texas House Bill HB2291 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 2291
2	2
3	3
4	4	AN ACT
5	5	relating to the carrying or possession of a handgun by certain
6	6	retired judges and justices.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 46.15(a), Penal Code, is amended to read
9	9	as follows:
10	10	(a) Sections 46.02 and 46.03 do not apply to:
11	11	(1) peace officers or special investigators under
12	12	Article 2.122, Code of Criminal Procedure, and neither section
13	13	prohibits a peace officer or special investigator from carrying a
14	14	weapon in this state, including in an establishment in this state
15	15	serving the public, regardless of whether the peace officer or
16	16	special investigator is engaged in the actual discharge of the
17	17	officer's or investigator's duties while carrying the weapon;
18	18	(2) parole officers, and neither section prohibits an
19	19	officer from carrying a weapon in this state if the officer is:
20	20	(A) engaged in the actual discharge of the
21	21	officer's duties while carrying the weapon; and
22	22	(B) in compliance with policies and procedures
23	23	adopted by the Texas Department of Criminal Justice regarding the
24	24	possession of a weapon by an officer while on duty;
25	25	(3) community supervision and corrections department
26	26	officers appointed or employed under Section 76.004, Government
27	27	Code, and neither section prohibits an officer from carrying a
28	28	weapon in this state if the officer is:
29	29	(A) engaged in the actual discharge of the
30	30	officer's duties while carrying the weapon; and
31	31	(B) authorized to carry a weapon under Section
32	32	76.0051, Government Code;
33	33	(4) an active or retired judicial officer as defined
34	34	by Section 411.201, Government Code, who is licensed to carry a
35	35	handgun under Subchapter H, Chapter 411, Government Code;
36	36	(5) an honorably retired peace officer or other
37	37	qualified retired law enforcement officer, as defined by 18 U.S.C.
38	38	Section 926C, who holds a certificate of proficiency issued under
39	39	Section 1701.357, Occupations Code, and is carrying a photo
40	40	identification that is issued by a federal, state, or local law
41	41	enforcement agency, as applicable, and that verifies that the
42	42	officer is an honorably retired peace officer or other qualified
43	43	retired law enforcement officer;
44	44	(6) the attorney general or a United States attorney,
45	45	district attorney, criminal district attorney, county attorney, or
46	46	municipal attorney who is licensed to carry a handgun under
47	47	Subchapter H, Chapter 411, Government Code;
48	48	(7) an assistant United States attorney, assistant
49	49	attorney general, assistant district attorney, assistant criminal
50	50	district attorney, or assistant county attorney who is licensed to
51	51	carry a handgun under Subchapter H, Chapter 411, Government Code;
52	52	(8) a bailiff designated by an active judicial officer
53	53	as defined by Section 411.201, Government Code, who is:
54	54	(A) licensed to carry a handgun under Subchapter
55	55	H, Chapter 411, Government Code; and
56	56	(B) engaged in escorting the judicial officer;
57	57	(9) a juvenile probation officer who is authorized to
58	58	carry a firearm under Section 142.006, Human Resources Code; [or]
59	59	(10) a person who is volunteer emergency services
60	60	personnel if the person is:
61	61	(A) carrying a handgun under the authority of
62	62	Subchapter H, Chapter 411, Government Code; and
63	63	(B) engaged in providing emergency services; or
64	64	(11) a person who:
65	65	(A) retired after serving as a judge or justice
66	66	described by Section 411.201(a)(1), Government Code; and
67	67	(B) is licensed to carry a handgun under
68	68	Subchapter H, Chapter 411, Government Code.
69	69	SECTION 2. The changes in law made by this Act apply only to
70	70	an offense committed on or after the effective date of this Act. An
71	71	offense committed before the effective date of this Act is governed
72	72	by the law in effect when the offense was committed, and the former
73	73	law is continued in effect for that purpose. For purposes of this
74	74	section, an offense was committed before the effective date of this
75	75	Act if any element of the offense occurred before that date.
76	76	SECTION 3. This Act takes effect September 1, 2023.
77	77	______________________________ ______________________________
78	78	President of the Senate Speaker of the House
79	79	I certify that H.B. No. 2291 was passed by the House on May 5,
80	80	2023, by the following vote: Yeas 130, Nays 15, 1 present, not
81	81	voting.
82	82	______________________________
83	83	Chief Clerk of the House
84	84	I certify that H.B. No. 2291 was passed by the Senate on May
85	85	18, 2023, by the following vote: Yeas 27, Nays 4.
86	86	______________________________
87	87	Secretary of the Senate
88	88	APPROVED: _____________________
89	89	Date
90	90	_____________________
91	91	Governor