Texas 2023 - 88th Regular

Texas Senate Bill SB599 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 599
2	2
3	3
4	4	AN ACT
5	5	relating to the carrying or possession of a handgun by a district or
6	6	county clerk and the issuance of a handgun license to a district or
7	7	county clerk.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 411.1882(a), Government Code, is amended
10	10	to read as follows:
11	11	(a) A person who is serving in this state as the attorney
12	12	general or as a judge or justice of a federal court, as an active
13	13	judicial officer as defined by Section 411.201, as a United States
14	14	attorney, assistant United States attorney, assistant attorney
15	15	general, district attorney, assistant district attorney, criminal
16	16	district attorney, assistant criminal district attorney, county
17	17	attorney, or assistant county attorney, as a district or county
18	18	clerk, as a supervision officer as defined by Article 42A.001, Code
19	19	of Criminal Procedure, or as a juvenile probation officer may
20	20	establish handgun proficiency for the purposes of this subchapter
21	21	by obtaining from a handgun proficiency instructor approved by the
22	22	Texas Commission on Law Enforcement for purposes of Section
23	23	1702.1675, Occupations Code, a sworn statement that indicates that
24	24	the person, during the 12-month period preceding the date of the
25	25	person's application to the department, demonstrated to the
26	26	instructor proficiency in the use of handguns.
27	27	SECTION 2. The heading to Section 411.201, Government Code,
28	28	is amended to read as follows:
29	29	Sec. 411.201. ACTIVE AND RETIRED JUDICIAL OFFICERS; CERTAIN
30	30	COURT OFFICERS.
31	31	SECTION 3. Section 411.201(h), Government Code, is amended
32	32	to read as follows:
33	33	(h) The department shall issue a license to carry a handgun
34	34	under the authority of this subchapter to an applicant who meets the
35	35	requirements of this section for an active judicial officer and who
36	36	is a United States attorney or an assistant United States attorney,
37	37	[or to] an attorney elected or employed to represent the state in
38	38	the prosecution of felony cases, or a district or county clerk [who
39	39	meets the requirements of this section for an active judicial
40	40	officer]. The department shall waive any fee required for the
41	41	issuance of an original, duplicate, or renewed license under this
42	42	subchapter for an applicant who is a United States attorney or an
43	43	assistant United States attorney, [or who is] an attorney elected
44	44	or employed to represent the state in the prosecution of felony
45	45	cases, or a district or county clerk.
46	46	SECTION 4. Section 46.15(a), Penal Code, is amended to read
47	47	as follows:
48	48	(a) Sections 46.02 and 46.03 do not apply to:
49	49	(1) peace officers or special investigators under
50	50	Article 2.122, Code of Criminal Procedure, and neither section
51	51	prohibits a peace officer or special investigator from carrying a
52	52	weapon in this state, including in an establishment in this state
53	53	serving the public, regardless of whether the peace officer or
54	54	special investigator is engaged in the actual discharge of the
55	55	officer's or investigator's duties while carrying the weapon;
56	56	(2) parole officers, and neither section prohibits an
57	57	officer from carrying a weapon in this state if the officer is:
58	58	(A) engaged in the actual discharge of the
59	59	officer's duties while carrying the weapon; and
60	60	(B) in compliance with policies and procedures
61	61	adopted by the Texas Department of Criminal Justice regarding the
62	62	possession of a weapon by an officer while on duty;
63	63	(3) community supervision and corrections department
64	64	officers appointed or employed under Section 76.004, Government
65	65	Code, and neither section prohibits an officer from carrying a
66	66	weapon in this state if the officer is:
67	67	(A) engaged in the actual discharge of the
68	68	officer's duties while carrying the weapon; and
69	69	(B) authorized to carry a weapon under Section
70	70	76.0051, Government Code;
71	71	(4) an active judicial officer as defined by Section
72	72	411.201, Government Code, who is licensed to carry a handgun under
73	73	Subchapter H, Chapter 411, Government Code;
74	74	(5) an honorably retired peace officer or other
75	75	qualified retired law enforcement officer, as defined by 18 U.S.C.
76	76	Section 926C, who holds a certificate of proficiency issued under
77	77	Section 1701.357, Occupations Code, and is carrying a photo
78	78	identification that is issued by a federal, state, or local law
79	79	enforcement agency, as applicable, and that verifies that the
80	80	officer is an honorably retired peace officer or other qualified
81	81	retired law enforcement officer;
82	82	(6) the attorney general or a United States attorney,
83	83	district attorney, criminal district attorney, county attorney, or
84	84	municipal attorney who is licensed to carry a handgun under
85	85	Subchapter H, Chapter 411, Government Code;
86	86	(7) an assistant United States attorney, assistant
87	87	attorney general, assistant district attorney, assistant criminal
88	88	district attorney, or assistant county attorney who is licensed to
89	89	carry a handgun under Subchapter H, Chapter 411, Government Code;
90	90	(8) a bailiff designated by an active judicial officer
91	91	as defined by Section 411.201, Government Code, who is:
92	92	(A) licensed to carry a handgun under Subchapter
93	93	H, Chapter 411, Government Code; and
94	94	(B) engaged in escorting the judicial officer;
95	95	(9) a juvenile probation officer who is authorized to
96	96	carry a firearm under Section 142.006, Human Resources Code; [or]
97	97	(10) a person who is volunteer emergency services
98	98	personnel if the person is:
99	99	(A) carrying a handgun under the authority of
100	100	Subchapter H, Chapter 411, Government Code; and
101	101	(B) engaged in providing emergency services; or
102	102	(11) a district or county clerk who is carrying a
103	103	handgun the clerk is licensed to carry under Subchapter H, Chapter
104	104	411, Government Code.
105	105	SECTION 5. Sections 411.1882(a) and 411.201(h), Government
106	106	Code, as amended by this Act, apply only to an application for a
107	107	license to carry a handgun submitted on or after the effective date
108	108	of this Act. An application submitted before the effective date of
109	109	this Act is governed by the law in effect on the date the
110	110	application was submitted, and the former law is continued in
111	111	effect for that purpose.
112	112	SECTION 6. Section 46.15, Penal Code, as amended by this
113	113	Act, applies only to an offense committed on or after the effective
114	114	date of this Act. An offense committed before the effective date
115	115	of this Act is governed by the law in effect on the date the offense
116	116	was committed, and the former law is continued in effect for that
117	117	purpose. For purposes of this section, an offense was committed
118	118	before the effective date of this Act if any element of the offense
119	119	occurred before that date.
120	120	SECTION 7. This Act takes effect September 1, 2023.
121	121	______________________________ ______________________________
122	122	President of the Senate Speaker of the House
123	123	I hereby certify that S.B. No. 599 passed the Senate on
124	124	March 16, 2023, by the following vote: Yeas 29, Nays 1; and that
125	125	the Senate concurred in House amendment on May 22, 2023, by the
126	126	following vote: Yeas 31, Nays 0.
127	127	______________________________
128	128	Secretary of the Senate
129	129	I hereby certify that S.B. No. 599 passed the House, with
130	130	amendment, on May 17, 2023, by the following vote: Yeas 91,
131	131	Nays 53, one present not voting.
132	132	______________________________
133	133	Chief Clerk of the House
134	134	Approved:
135	135	______________________________
136	136	Date
137	137	______________________________
138	138	Governor