Texas 2025 - 89th Regular

Texas House Bill HB658 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R12 LHC-D
2	2		By: Tepper H.B. No. 658
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5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the carrying of weapons by community supervision and
8	10		corrections department officers, juvenile probation officers, and
9	11		certain retired law enforcement officers and to criminal liability
10	12		for taking a weapon from certain of those officers.
11	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	14		SECTION 1. Article 2A.052, Code of Criminal Procedure, is
13	15		amended by amending Subsection (b) and adding Subsection (b-1) to
14	16		read as follows:
15	17		(b) An establishment serving the public may not prohibit or
16	18		otherwise restrict a peace officer, a [or] special investigator, a
17	19		community supervision and corrections department officer, or a
18	20		juvenile probation officer described by Section 46.15(a)(1), (3),
19	21		or (9), Penal Code, as applicable, from carrying on the
20	22		establishment's premises a weapon that the officer or investigator
21	23		is otherwise authorized to carry, regardless of whether the officer
22	24		or investigator is engaged in the actual discharge of the officer's
23	25		or investigator's duties while carrying the weapon.
24	26		(b-1) An establishment serving the public may not prohibit
25	27		or otherwise restrict an honorably retired peace officer or other
26	28		qualified retired law enforcement officer described by Section
27	29		46.15(a)(5), Penal Code, from carrying on the establishment's
28	30		premises a weapon that the officer is otherwise authorized to
29	31		carry.
30	32		SECTION 2. Article 17.03(b-3)(2), Code of Criminal
31	33		Procedure, is amended to read as follows:
32	34		(2) "Offense involving violence" means an offense
33	35		under the following provisions of the Penal Code:
34	36		(A) Section 19.02 (murder);
35	37		(B) Section 19.03 (capital murder);
36	38		(C) Section 20.03 (kidnapping);
37	39		(D) Section 20.04 (aggravated kidnapping);
38	40		(E) Section 20A.02 (trafficking of persons);
39	41		(F) Section 20A.03 (continuous trafficking of
40	42		persons);
41	43		(G) Section 21.02 (continuous sexual abuse of
42	44		young child or disabled individual);
43	45		(H) Section 21.11 (indecency with a child);
44	46		(I) Section 22.01(a)(1) (assault), if the
45	47		offense is:
46	48		(i) punishable as a felony of the second
47	49		degree under Subsection (b-2) of that section; or
48	50		(ii) punishable as a felony and involved
49	51		family violence as defined by Section 71.004, Family Code;
50	52		(J) Section 22.011 (sexual assault);
51	53		(K) Section 22.02 (aggravated assault);
52	54		(L) Section 22.021 (aggravated sexual assault);
53	55		(M) Section 22.04 (injury to a child, elderly
54	56		individual, or disabled individual);
55	57		(N) Section 25.072 (repeated violation of
56	58		certain court orders or conditions of bond in family violence,
57	59		child abuse or neglect, sexual assault or abuse, indecent assault,
58	60		stalking, or trafficking case);
59	61		(O) Section 25.11 (continuous violence against
60	62		the family);
61	63		(P) Section 29.03 (aggravated robbery);
62	64		(Q) Section 38.14 (taking or attempting to take
63	65		weapon from certain individuals working in public safety [peace
64	66		officer, federal special investigator, employee or official of
65	67		correctional facility, parole officer, community supervision and
66	68		corrections department officer, or commissioned security
67	69		officer]);
68	70		(R) Section 43.04 (aggravated promotion of
69	71		prostitution), if the defendant is not alleged to have engaged in
70	72		conduct constituting an offense under Section 43.02(a);
71	73		(S) Section 43.05 (compelling prostitution); or
72	74		(T) Section 43.25 (sexual performance by a
73	75		child).
74	76		SECTION 3. Section 76.0051, Government Code, is amended to
75	77		read as follows:
76	78		Sec. 76.0051. AUTHORIZATION TO CARRY WEAPON. An officer is
77	79		authorized to carry a weapon under this section, regardless of
78	80		whether the officer is [while] engaged in the actual discharge of
79	81		the officer's duties, only if:
80	82		(1) the officer possesses a certificate of firearms
81	83		proficiency issued by the Texas Commission on Law Enforcement under
82	84		Section 1701.257, Occupations Code; and
83	85		(2) the director of the department agrees to the
84	86		authorization.
85	87		SECTION 4. Section 142.006(a), Human Resources Code, is
86	88		amended to read as follows:
87	89		(a) A juvenile probation officer may carry a firearm under
88	90		this section, regardless of whether the officer is carrying the
89	91		firearm in the course of the officer's official duties, if:
90	92		(1) the juvenile probation officer possesses a
91	93		certificate of firearms proficiency issued by the Texas Commission
92	94		on Law Enforcement under Section 1701.259, Occupations Code;
93	95		(2) the chief juvenile probation officer of the
94	96		juvenile probation department that employs the juvenile probation
95	97		officer authorizes the juvenile probation officer to carry a
96	98		firearm in the course of the officer's official duties; and
97	99		(3) the juvenile probation officer has been employed
98	100		for at least one year by the juvenile probation department
99	101		described by Subdivision (2).
100	102		SECTION 5. The heading to Section 38.14, Penal Code, is
101	103		amended to read as follows:
102	104		Sec. 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM
103	105		CERTAIN INDIVIDUALS WORKING IN PUBLIC SAFETY [PEACE OFFICER,
104	106		FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL
105	107		FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS
106	108		DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER].
107	109		SECTION 6. Sections 38.14(b), (c), and (d), Penal Code, are
108	110		amended to read as follows:
109	111		(b) A person commits an offense if the person intentionally
110	112		or knowingly and with force takes or attempts to take from a peace
111	113		officer, federal special investigator, employee or official of a
112	114		correctional facility, parole officer, community supervision and
113	115		corrections department officer, juvenile probation officer, or
114	116		commissioned security officer the officer's, investigator's,
115	117		employee's, or official's firearm, nightstick, stun gun, or
116	118		personal protection chemical dispensing device.
117	119		(c) The actor is presumed to have known that the peace
118	120		officer, federal special investigator, employee or official of a
119	121		correctional facility, parole officer, community supervision and
120	122		corrections department officer, juvenile probation officer, or
121	123		commissioned security officer was a peace officer, federal special
122	124		investigator, employee or official of a correctional facility,
123	125		parole officer, community supervision and corrections department
124	126		officer, juvenile probation officer, or commissioned security
125	127		officer if:
126	128		(1) the officer, investigator, employee, or official
127	129		was wearing a distinctive uniform or badge indicating his
128	130		employment; or
129	131		(2) the officer, investigator, employee, or official
130	132		identified himself as a peace officer, federal special
131	133		investigator, employee or official of a correctional facility,
132	134		parole officer, community supervision and corrections department
133	135		officer, juvenile probation officer, or commissioned security
134	136		officer.
135	137		(d) It is a defense to prosecution under this section that
136	138		the defendant took or attempted to take the weapon from a peace
137	139		officer, federal special investigator, employee or official of a
138	140		correctional facility, parole officer, community supervision and
139	141		corrections department officer, juvenile probation officer, or
140	142		commissioned security officer who was using force against the
141	143		defendant or another in excess of the amount of force permitted by
142	144		law.
143	145		SECTION 7. Section 46.15(a), Penal Code, as amended by
144	146		Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts
145	147		of the 88th Legislature, Regular Session, 2023, is reenacted and
146	148		amended to read as follows:
147	149		(a) Sections 46.02 and 46.03 do not apply to:
148	150		(1) peace officers or special investigators under
149	151		Article 2A.002, Code of Criminal Procedure, and neither section
150	152		prohibits a peace officer or special investigator from carrying a
151	153		weapon in this state, including in an establishment [in this state]
152	154		serving the public, regardless of whether the peace officer or
153	155		special investigator is engaged in the actual discharge of the
154	156		officer's or investigator's duties while carrying the weapon;
155	157		(2) parole officers, and neither section prohibits an
156	158		officer from carrying a weapon in this state if the officer is:
157	159		(A) engaged in the actual discharge of the
158	160		officer's duties while carrying the weapon; and
159	161		(B) in compliance with policies and procedures
160	162		adopted by the Texas Department of Criminal Justice regarding the
161	163		possession of a weapon by an officer while on duty;
162	164		(3) community supervision and corrections department
163	165		officers appointed or employed under Section 76.004, Government
164	166		Code, and authorized to carry a weapon under Section 76.0051,
165	167		Government Code, and neither section prohibits the [an] officer
166	168		from carrying a weapon in this state, including in an establishment
167	169		serving the public, regardless of whether [if] the officer is[:
168	170		[(A)] engaged in the actual discharge of the
169	171		officer's duties while carrying the weapon[; and
170	172		[(B) authorized to carry a weapon under Section
171	173		76.0051, Government Code];
172	174		(4) an active or retired judicial officer as defined
173	175		by Section 411.201, Government Code, who is licensed to carry a
174	176		handgun under Subchapter H, Chapter 411, Government Code;
175	177		(5) an honorably retired peace officer or other
176	178		qualified retired law enforcement officer, as defined by 18 U.S.C.
177	179		Section 926C, who holds a certificate of proficiency issued under
178	180		Section 1701.357, Occupations Code, and is carrying a photo
179	181		identification that is issued by a federal, state, or local law
180	182		enforcement agency, as applicable, and that verifies that the
181	183		officer is an honorably retired peace officer or other qualified
182	184		retired law enforcement officer, and neither section prohibits the
183	185		officer from carrying a weapon in this state, including in an
184	186		establishment serving the public;
185	187		(6) the attorney general or a United States attorney,
186	188		district attorney, criminal district attorney, county attorney, or
187	189		municipal attorney who is licensed to carry a handgun under
188	190		Subchapter H, Chapter 411, Government Code;
189	191		(7) an assistant United States attorney, assistant
190	192		attorney general, assistant district attorney, assistant criminal
191	193		district attorney, or assistant county attorney who is licensed to
192	194		carry a handgun under Subchapter H, Chapter 411, Government Code;
193	195		(8) a bailiff designated by an active judicial officer
194	196		as defined by Section 411.201, Government Code, who is:
195	197		(A) licensed to carry a handgun under Subchapter
196	198		H, Chapter 411, Government Code; and
197	199		(B) engaged in escorting the judicial officer;
198	200		(9) a juvenile probation officer who is authorized to
199	201		carry a firearm under Section 142.006, Human Resources Code, and
200	202		neither section prohibits the officer from carrying a firearm in
201	203		this state, including in an establishment serving the public,
202	204		regardless of whether the officer is carrying the firearm in the
203	205		course of the officer's official duties;
204	206		(10) a person who is volunteer emergency services
205	207		personnel if the person is:
206	208		(A) carrying a handgun under the authority of
207	209		Subchapter H, Chapter 411, Government Code; and
208	210		(B) engaged in providing emergency services;
209	211		[or]
210	212		(11) a person who:
211	213		(A) retired after serving as a judge or justice
212	214		described by Section 411.201(a)(1), Government Code; and
213	215		(B) is licensed to carry a handgun under
214	216		Subchapter H, Chapter 411, Government Code; or
215	217		(12) [(11)] a district or county clerk who is carrying
216	218		a handgun the clerk is licensed to carry under Subchapter H, Chapter
217	219		411, Government Code.
218	220		SECTION 8. Section 46.15, Penal Code, is amended by adding
219	221		Subsection (c) to read as follows:
220	222		(c) In this section, "establishment serving the public" has
221	223		the meaning assigned by Article 2A.052, Code of Criminal Procedure.
222	224		SECTION 9. Article 2A.052, Code of Criminal Procedure, as
223	225		amended by this Act, applies only to a cause of action that accrues
224	226		on or after the effective date of this Act.
225	227		SECTION 10. Section 76.0051, Government Code, as amended by
226	228		this Act, and Section 142.006, Human Resources Code, as amended by
227	229		this Act, apply only to the carrying of a weapon or firearm on or
228	230		after the effective date of this Act.
229	231		SECTION 11. Sections 38.14 and 46.15, Penal Code, as
230	232		amended by this Act, apply only to an offense committed on or after
231	233		the effective date of this Act. An offense committed before the
232	234		effective date of this Act is governed by the law in effect on the
233	235		date the offense was committed, and the former law is continued in
234	236		effect for that purpose. For purposes of this section, an offense
235	237		was committed before the effective date of this Act if any element
236	238		of the offense occurred before that date.
237	239		SECTION 12. To the extent of any conflict, this Act prevails
238	240		over another Act of the 89th Legislature, Regular Session, 2025,
239	241		relating to nonsubstantive additions to and corrections in enacted
240	242		codes.
241	243		SECTION 13. This Act takes effect September 1, 2025.