| 1 | 1 | | 88R9909 JSC-D |
|---|
| 2 | 2 | | By: Birdwell S.B. No. 1169 |
|---|
| 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 certain |
|---|
| 8 | 8 | | retired judges and justices. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 46.15(a), Penal Code, is amended to read |
|---|
| 11 | 11 | | as follows: |
|---|
| 12 | 12 | | (a) Sections 46.02 and 46.03 do not apply to: |
|---|
| 13 | 13 | | (1) peace officers or special investigators under |
|---|
| 14 | 14 | | Article 2.122, Code of Criminal Procedure, and neither section |
|---|
| 15 | 15 | | prohibits a peace officer or special investigator from carrying a |
|---|
| 16 | 16 | | weapon in this state, including in an establishment in this state |
|---|
| 17 | 17 | | serving the public, regardless of whether the peace officer or |
|---|
| 18 | 18 | | special investigator is engaged in the actual discharge of the |
|---|
| 19 | 19 | | officer's or investigator's duties while carrying the weapon; |
|---|
| 20 | 20 | | (2) parole officers, and neither section prohibits an |
|---|
| 21 | 21 | | officer from carrying a weapon in this state if the officer is: |
|---|
| 22 | 22 | | (A) engaged in the actual discharge of the |
|---|
| 23 | 23 | | officer's duties while carrying the weapon; and |
|---|
| 24 | 24 | | (B) in compliance with policies and procedures |
|---|
| 25 | 25 | | adopted by the Texas Department of Criminal Justice regarding the |
|---|
| 26 | 26 | | possession of a weapon by an officer while on duty; |
|---|
| 27 | 27 | | (3) community supervision and corrections department |
|---|
| 28 | 28 | | officers appointed or employed under Section 76.004, Government |
|---|
| 29 | 29 | | Code, and neither section prohibits an officer from carrying a |
|---|
| 30 | 30 | | weapon in this state if the officer is: |
|---|
| 31 | 31 | | (A) engaged in the actual discharge of the |
|---|
| 32 | 32 | | officer's duties while carrying the weapon; and |
|---|
| 33 | 33 | | (B) authorized to carry a weapon under Section |
|---|
| 34 | 34 | | 76.0051, Government Code; |
|---|
| 35 | 35 | | (4) an active or retired judicial officer as defined |
|---|
| 36 | 36 | | by Section 411.201, Government Code, who is licensed to carry a |
|---|
| 37 | 37 | | handgun under Subchapter H, Chapter 411, Government Code; |
|---|
| 38 | 38 | | (5) an honorably retired peace officer or other |
|---|
| 39 | 39 | | qualified retired law enforcement officer, as defined by 18 U.S.C. |
|---|
| 40 | 40 | | Section 926C, who holds a certificate of proficiency issued under |
|---|
| 41 | 41 | | Section 1701.357, Occupations Code, and is carrying a photo |
|---|
| 42 | 42 | | identification that is issued by a federal, state, or local law |
|---|
| 43 | 43 | | enforcement agency, as applicable, and that verifies that the |
|---|
| 44 | 44 | | officer is an honorably retired peace officer or other qualified |
|---|
| 45 | 45 | | retired law enforcement officer; |
|---|
| 46 | 46 | | (6) the attorney general or a United States attorney, |
|---|
| 47 | 47 | | district attorney, criminal district attorney, county attorney, or |
|---|
| 48 | 48 | | municipal attorney who is licensed to carry a handgun under |
|---|
| 49 | 49 | | Subchapter H, Chapter 411, Government Code; |
|---|
| 50 | 50 | | (7) an assistant United States attorney, assistant |
|---|
| 51 | 51 | | attorney general, assistant district attorney, assistant criminal |
|---|
| 52 | 52 | | district attorney, or assistant county attorney who is licensed to |
|---|
| 53 | 53 | | carry a handgun under Subchapter H, Chapter 411, Government Code; |
|---|
| 54 | 54 | | (8) a bailiff designated by an active judicial officer |
|---|
| 55 | 55 | | as defined by Section 411.201, Government Code, who is: |
|---|
| 56 | 56 | | (A) licensed to carry a handgun under Subchapter |
|---|
| 57 | 57 | | H, Chapter 411, Government Code; and |
|---|
| 58 | 58 | | (B) engaged in escorting the judicial officer; |
|---|
| 59 | 59 | | (9) a juvenile probation officer who is authorized to |
|---|
| 60 | 60 | | carry a firearm under Section 142.006, Human Resources Code; [or] |
|---|
| 61 | 61 | | (10) a person who is volunteer emergency services |
|---|
| 62 | 62 | | personnel if the person is: |
|---|
| 63 | 63 | | (A) carrying a handgun under the authority of |
|---|
| 64 | 64 | | Subchapter H, Chapter 411, Government Code; and |
|---|
| 65 | 65 | | (B) engaged in providing emergency services; or |
|---|
| 66 | 66 | | (11) a person who: |
|---|
| 67 | 67 | | (A) retired after serving as a judge or justice |
|---|
| 68 | 68 | | described by Section 411.201(a)(1), Government Code; and |
|---|
| 69 | 69 | | (B) is licensed to carry a handgun under |
|---|
| 70 | 70 | | Subchapter H, Chapter 411, Government Code. |
|---|
| 71 | 71 | | SECTION 2. The changes in law made by this Act apply only to |
|---|
| 72 | 72 | | an offense committed on or after the effective date of this Act. An |
|---|
| 73 | 73 | | offense committed before the effective date of this Act is governed |
|---|
| 74 | 74 | | by the law in effect when the offense was committed, and the former |
|---|
| 75 | 75 | | law is continued in effect for that purpose. For purposes of this |
|---|
| 76 | 76 | | section, an offense was committed before the effective date of this |
|---|
| 77 | 77 | | Act if any element of the offense occurred before that date. |
|---|
| 78 | 78 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|