1 | 1 | | 89R11175 JSC-D |
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2 | 2 | | By: LaHood H.B. No. 2215 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the carrying or possession of a handgun by certain |
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10 | 10 | | retired attorneys representing the state. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 46.15(a), Penal Code, as amended by |
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13 | 13 | | Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts |
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14 | 14 | | of the 88th Legislature, Regular Session, 2023, is reenacted and |
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15 | 15 | | amended to read as follows: |
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16 | 16 | | (a) Sections 46.02 and 46.03 do not apply to: |
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17 | 17 | | (1) peace officers or special investigators under |
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18 | 18 | | Article 2A.002, Code of Criminal Procedure, and neither section |
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19 | 19 | | prohibits a peace officer or special investigator from carrying a |
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20 | 20 | | weapon in this state, including in an establishment in this state |
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21 | 21 | | serving the public, regardless of whether the peace officer or |
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22 | 22 | | special investigator is engaged in the actual discharge of the |
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23 | 23 | | officer's or investigator's duties while carrying the weapon; |
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24 | 24 | | (2) parole officers, and neither section prohibits an |
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25 | 25 | | officer from carrying a weapon in this state if the officer is: |
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26 | 26 | | (A) engaged in the actual discharge of the |
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27 | 27 | | officer's duties while carrying the weapon; and |
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28 | 28 | | (B) in compliance with policies and procedures |
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29 | 29 | | adopted by the Texas Department of Criminal Justice regarding the |
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30 | 30 | | possession of a weapon by an officer while on duty; |
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31 | 31 | | (3) community supervision and corrections department |
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32 | 32 | | officers appointed or employed under Section 76.004, Government |
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33 | 33 | | Code, and neither section prohibits an officer from carrying a |
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34 | 34 | | weapon in this state if the officer is: |
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35 | 35 | | (A) engaged in the actual discharge of the |
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36 | 36 | | officer's duties while carrying the weapon; and |
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37 | 37 | | (B) authorized to carry a weapon under Section |
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38 | 38 | | 76.0051, Government Code; |
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39 | 39 | | (4) an active or retired judicial officer as defined |
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40 | 40 | | by Section 411.201, Government Code, who is licensed to carry a |
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41 | 41 | | handgun under Subchapter H, Chapter 411, Government Code; |
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42 | 42 | | (5) an honorably retired peace officer or other |
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43 | 43 | | qualified retired law enforcement officer, as defined by 18 U.S.C. |
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44 | 44 | | Section 926C, who holds a certificate of proficiency issued under |
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45 | 45 | | Section 1701.357, Occupations Code, and is carrying a photo |
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46 | 46 | | identification that is issued by a federal, state, or local law |
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47 | 47 | | enforcement agency, as applicable, and that verifies that the |
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48 | 48 | | officer is an honorably retired peace officer or other qualified |
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49 | 49 | | retired law enforcement officer; |
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50 | 50 | | (6) the attorney general or a United States attorney, |
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51 | 51 | | district attorney, criminal district attorney, county attorney, or |
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52 | 52 | | municipal attorney who is licensed to carry a handgun under |
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53 | 53 | | Subchapter H, Chapter 411, Government Code; |
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54 | 54 | | (7) an assistant United States attorney, assistant |
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55 | 55 | | attorney general, assistant district attorney, assistant criminal |
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56 | 56 | | district attorney, or assistant county attorney who is licensed to |
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57 | 57 | | carry a handgun under Subchapter H, Chapter 411, Government Code; |
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58 | 58 | | (8) a person who retired after serving as an attorney |
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59 | 59 | | described by Subdivision (6) or (7) and who is licensed to carry a |
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60 | 60 | | handgun under Subchapter H, Chapter 411, Government Code; |
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61 | 61 | | (9) a bailiff designated by an active judicial officer |
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62 | 62 | | as defined by Section 411.201, Government Code, who is: |
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63 | 63 | | (A) licensed to carry a handgun under Subchapter |
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64 | 64 | | H, Chapter 411, Government Code; and |
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65 | 65 | | (B) engaged in escorting the judicial officer; |
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66 | 66 | | (10) [(9)] a juvenile probation officer who is |
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67 | 67 | | authorized to carry a firearm under Section 142.006, Human |
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68 | 68 | | Resources Code; |
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69 | 69 | | (11) [(10)] a person who is volunteer emergency |
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70 | 70 | | services personnel if the person is: |
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71 | 71 | | (A) carrying a handgun under the authority of |
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72 | 72 | | Subchapter H, Chapter 411, Government Code; and |
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73 | 73 | | (B) engaged in providing emergency services; |
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74 | 74 | | [or] |
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75 | 75 | | (12) [(11)] a person who: |
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76 | 76 | | (A) retired after serving as a judge or justice |
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77 | 77 | | described by Section 411.201(a)(1), Government Code; and |
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78 | 78 | | (B) is licensed to carry a handgun under |
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79 | 79 | | Subchapter H, Chapter 411, Government Code; or |
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80 | 80 | | (13) [(11)] a district or county clerk who is carrying |
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81 | 81 | | a handgun the clerk is licensed to carry under Subchapter H, Chapter |
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82 | 82 | | 411, Government Code. |
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83 | 83 | | SECTION 2. The change in law made by this Act applies only |
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84 | 84 | | to an offense committed on or after the effective date of this Act. |
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85 | 85 | | An offense committed before the effective date of this Act is |
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86 | 86 | | governed by the law in effect when the offense was committed, and |
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87 | 87 | | the former law is continued in effect for that purpose. For |
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88 | 88 | | purposes of this section, an offense was committed before the |
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89 | 89 | | effective date of this Act if any element of the offense occurred |
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90 | 90 | | before that date. |
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91 | 91 | | SECTION 3. To the extent of any conflict, this Act prevails |
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92 | 92 | | over another Act of the 89th Legislature, Regular Session, 2025, |
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93 | 93 | | relating to nonsubstantive additions to and corrections in enacted |
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94 | 94 | | codes. |
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95 | 95 | | SECTION 4. This Act takes effect September 1, 2025. |
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