Texas 2025 - 89th Regular

Texas House Bill HB2215 Compare Versions

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11 89R11175 JSC-D
22 By: LaHood H.B. No. 2215
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the carrying or possession of a handgun by certain
1010 retired attorneys representing the state.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 46.15(a), Penal Code, as amended by
1313 Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts
1414 of the 88th Legislature, Regular Session, 2023, is reenacted and
1515 amended to read as follows:
1616 (a) Sections 46.02 and 46.03 do not apply to:
1717 (1) peace officers or special investigators under
1818 Article 2A.002, Code of Criminal Procedure, and neither section
1919 prohibits a peace officer or special investigator from carrying a
2020 weapon in this state, including in an establishment in this state
2121 serving the public, regardless of whether the peace officer or
2222 special investigator is engaged in the actual discharge of the
2323 officer's or investigator's duties while carrying the weapon;
2424 (2) parole officers, and neither section prohibits an
2525 officer from carrying a weapon in this state if the officer is:
2626 (A) engaged in the actual discharge of the
2727 officer's duties while carrying the weapon; and
2828 (B) in compliance with policies and procedures
2929 adopted by the Texas Department of Criminal Justice regarding the
3030 possession of a weapon by an officer while on duty;
3131 (3) community supervision and corrections department
3232 officers appointed or employed under Section 76.004, Government
3333 Code, and neither section prohibits an officer from carrying a
3434 weapon in this state if the officer is:
3535 (A) engaged in the actual discharge of the
3636 officer's duties while carrying the weapon; and
3737 (B) authorized to carry a weapon under Section
3838 76.0051, Government Code;
3939 (4) an active or retired judicial officer as defined
4040 by Section 411.201, Government Code, who is licensed to carry a
4141 handgun under Subchapter H, Chapter 411, Government Code;
4242 (5) an honorably retired peace officer or other
4343 qualified retired law enforcement officer, as defined by 18 U.S.C.
4444 Section 926C, who holds a certificate of proficiency issued under
4545 Section 1701.357, Occupations Code, and is carrying a photo
4646 identification that is issued by a federal, state, or local law
4747 enforcement agency, as applicable, and that verifies that the
4848 officer is an honorably retired peace officer or other qualified
4949 retired law enforcement officer;
5050 (6) the attorney general or a United States attorney,
5151 district attorney, criminal district attorney, county attorney, or
5252 municipal attorney who is licensed to carry a handgun under
5353 Subchapter H, Chapter 411, Government Code;
5454 (7) an assistant United States attorney, assistant
5555 attorney general, assistant district attorney, assistant criminal
5656 district attorney, or assistant county attorney who is licensed to
5757 carry a handgun under Subchapter H, Chapter 411, Government Code;
5858 (8) a person who retired after serving as an attorney
5959 described by Subdivision (6) or (7) and who is licensed to carry a
6060 handgun under Subchapter H, Chapter 411, Government Code;
6161 (9) a bailiff designated by an active judicial officer
6262 as defined by Section 411.201, Government Code, who is:
6363 (A) licensed to carry a handgun under Subchapter
6464 H, Chapter 411, Government Code; and
6565 (B) engaged in escorting the judicial officer;
6666 (10) [(9)] a juvenile probation officer who is
6767 authorized to carry a firearm under Section 142.006, Human
6868 Resources Code;
6969 (11) [(10)] a person who is volunteer emergency
7070 services personnel if the person is:
7171 (A) carrying a handgun under the authority of
7272 Subchapter H, Chapter 411, Government Code; and
7373 (B) engaged in providing emergency services;
7474 [or]
7575 (12) [(11)] a person who:
7676 (A) retired after serving as a judge or justice
7777 described by Section 411.201(a)(1), Government Code; and
7878 (B) is licensed to carry a handgun under
7979 Subchapter H, Chapter 411, Government Code; or
8080 (13) [(11)] a district or county clerk who is carrying
8181 a handgun the clerk is licensed to carry under Subchapter H, Chapter
8282 411, Government Code.
8383 SECTION 2. The change in law made by this Act applies only
8484 to an offense committed on or after the effective date of this Act.
8585 An offense committed before the effective date of this Act is
8686 governed by the law in effect when the offense was committed, and
8787 the former law is continued in effect for that purpose. For
8888 purposes of this section, an offense was committed before the
8989 effective date of this Act if any element of the offense occurred
9090 before that date.
9191 SECTION 3. To the extent of any conflict, this Act prevails
9292 over another Act of the 89th Legislature, Regular Session, 2025,
9393 relating to nonsubstantive additions to and corrections in enacted
9494 codes.
9595 SECTION 4. This Act takes effect September 1, 2025.