Texas 2025 - 89th Regular

Texas Senate Bill SB298 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R12 LHC-D
2	2	By: Perry S.B. No. 298
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the carrying of weapons by community supervision and
10	10	corrections department officers, juvenile probation officers, and
11	11	certain retired law enforcement officers and to criminal liability
12	12	for taking a weapon from certain of those officers.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Article 2A.052, Code of Criminal Procedure, is
15	15	amended by amending Subsection (b) and adding Subsection (b-1) to
16	16	read as follows:
17	17	(b) An establishment serving the public may not prohibit or
18	18	otherwise restrict a peace officer, a [or] special investigator, a
19	19	community supervision and corrections department officer, or a
20	20	juvenile probation officer described by Section 46.15(a)(1), (3),
21	21	or (9), Penal Code, as applicable, from carrying on the
22	22	establishment's premises a weapon that the officer or investigator
23	23	is otherwise authorized to carry, regardless of whether the officer
24	24	or investigator is engaged in the actual discharge of the officer's
25	25	or investigator's duties while carrying the weapon.
26	26	(b-1) An establishment serving the public may not prohibit
27	27	or otherwise restrict an honorably retired peace officer or other
28	28	qualified retired law enforcement officer described by Section
29	29	46.15(a)(5), Penal Code, from carrying on the establishment's
30	30	premises a weapon that the officer is otherwise authorized to
31	31	carry.
32	32	SECTION 2. Article 17.03(b-3)(2), Code of Criminal
33	33	Procedure, is amended to read as follows:
34	34	(2) "Offense involving violence" means an offense
35	35	under the following provisions of the Penal Code:
36	36	(A) Section 19.02 (murder);
37	37	(B) Section 19.03 (capital murder);
38	38	(C) Section 20.03 (kidnapping);
39	39	(D) Section 20.04 (aggravated kidnapping);
40	40	(E) Section 20A.02 (trafficking of persons);
41	41	(F) Section 20A.03 (continuous trafficking of
42	42	persons);
43	43	(G) Section 21.02 (continuous sexual abuse of
44	44	young child or disabled individual);
45	45	(H) Section 21.11 (indecency with a child);
46	46	(I) Section 22.01(a)(1) (assault), if the
47	47	offense is:
48	48	(i) punishable as a felony of the second
49	49	degree under Subsection (b-2) of that section; or
50	50	(ii) punishable as a felony and involved
51	51	family violence as defined by Section 71.004, Family Code;
52	52	(J) Section 22.011 (sexual assault);
53	53	(K) Section 22.02 (aggravated assault);
54	54	(L) Section 22.021 (aggravated sexual assault);
55	55	(M) Section 22.04 (injury to a child, elderly
56	56	individual, or disabled individual);
57	57	(N) Section 25.072 (repeated violation of
58	58	certain court orders or conditions of bond in family violence,
59	59	child abuse or neglect, sexual assault or abuse, indecent assault,
60	60	stalking, or trafficking case);
61	61	(O) Section 25.11 (continuous violence against
62	62	the family);
63	63	(P) Section 29.03 (aggravated robbery);
64	64	(Q) Section 38.14 (taking or attempting to take
65	65	weapon from certain individuals working in public safety [peace
66	66	officer, federal special investigator, employee or official of
67	67	correctional facility, parole officer, community supervision and
68	68	corrections department officer, or commissioned security
69	69	officer]);
70	70	(R) Section 43.04 (aggravated promotion of
71	71	prostitution), if the defendant is not alleged to have engaged in
72	72	conduct constituting an offense under Section 43.02(a);
73	73	(S) Section 43.05 (compelling prostitution); or
74	74	(T) Section 43.25 (sexual performance by a
75	75	child).
76	76	SECTION 3. Section 76.0051, Government Code, is amended to
77	77	read as follows:
78	78	Sec. 76.0051. AUTHORIZATION TO CARRY WEAPON. An officer is
79	79	authorized to carry a weapon under this section, regardless of
80	80	whether the officer is [while] engaged in the actual discharge of
81	81	the officer's duties, only if:
82	82	(1) the officer possesses a certificate of firearms
83	83	proficiency issued by the Texas Commission on Law Enforcement under
84	84	Section 1701.257, Occupations Code; and
85	85	(2) the director of the department agrees to the
86	86	authorization.
87	87	SECTION 4. Section 142.006(a), Human Resources Code, is
88	88	amended to read as follows:
89	89	(a) A juvenile probation officer may carry a firearm under
90	90	this section, regardless of whether the officer is carrying the
91	91	firearm in the course of the officer's official duties, if:
92	92	(1) the juvenile probation officer possesses a
93	93	certificate of firearms proficiency issued by the Texas Commission
94	94	on Law Enforcement under Section 1701.259, Occupations Code;
95	95	(2) the chief juvenile probation officer of the
96	96	juvenile probation department that employs the juvenile probation
97	97	officer authorizes the juvenile probation officer to carry a
98	98	firearm in the course of the officer's official duties; and
99	99	(3) the juvenile probation officer has been employed
100	100	for at least one year by the juvenile probation department
101	101	described by Subdivision (2).
102	102	SECTION 5. The heading to Section 38.14, Penal Code, is
103	103	amended to read as follows:
104	104	Sec. 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM
105	105	CERTAIN INDIVIDUALS WORKING IN PUBLIC SAFETY [PEACE OFFICER,
106	106	FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL
107	107	FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS
108	108	DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER].
109	109	SECTION 6. Sections 38.14(b), (c), and (d), Penal Code, are
110	110	amended to read as follows:
111	111	(b) A person commits an offense if the person intentionally
112	112	or knowingly and with force takes or attempts to take from a peace
113	113	officer, federal special investigator, employee or official of a
114	114	correctional facility, parole officer, community supervision and
115	115	corrections department officer, juvenile probation officer, or
116	116	commissioned security officer the officer's, investigator's,
117	117	employee's, or official's firearm, nightstick, stun gun, or
118	118	personal protection chemical dispensing device.
119	119	(c) The actor is presumed to have known that the peace
120	120	officer, federal special investigator, employee or official of a
121	121	correctional facility, parole officer, community supervision and
122	122	corrections department officer, juvenile probation officer, or
123	123	commissioned security officer was a peace officer, federal special
124	124	investigator, employee or official of a correctional facility,
125	125	parole officer, community supervision and corrections department
126	126	officer, juvenile probation officer, or commissioned security
127	127	officer if:
128	128	(1) the officer, investigator, employee, or official
129	129	was wearing a distinctive uniform or badge indicating his
130	130	employment; or
131	131	(2) the officer, investigator, employee, or official
132	132	identified himself as a peace officer, federal special
133	133	investigator, employee or official of a correctional facility,
134	134	parole officer, community supervision and corrections department
135	135	officer, juvenile probation officer, or commissioned security
136	136	officer.
137	137	(d) It is a defense to prosecution under this section that
138	138	the defendant took or attempted to take the weapon from a peace
139	139	officer, federal special investigator, employee or official of a
140	140	correctional facility, parole officer, community supervision and
141	141	corrections department officer, juvenile probation officer, or
142	142	commissioned security officer who was using force against the
143	143	defendant or another in excess of the amount of force permitted by
144	144	law.
145	145	SECTION 7. Section 46.15(a), Penal Code, as amended by
146	146	Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts
147	147	of the 88th Legislature, Regular Session, 2023, is reenacted and
148	148	amended to read as follows:
149	149	(a) Sections 46.02 and 46.03 do not apply to:
150	150	(1) peace officers or special investigators under
151	151	Article 2A.002, Code of Criminal Procedure, and neither section
152	152	prohibits a peace officer or special investigator from carrying a
153	153	weapon in this state, including in an establishment [in this state]
154	154	serving the public, regardless of whether the peace officer or
155	155	special investigator is engaged in the actual discharge of the
156	156	officer's or investigator's duties while carrying the weapon;
157	157	(2) parole officers, and neither section prohibits an
158	158	officer from carrying a weapon in this state if the officer is:
159	159	(A) engaged in the actual discharge of the
160	160	officer's duties while carrying the weapon; and
161	161	(B) in compliance with policies and procedures
162	162	adopted by the Texas Department of Criminal Justice regarding the
163	163	possession of a weapon by an officer while on duty;
164	164	(3) community supervision and corrections department
165	165	officers appointed or employed under Section 76.004, Government
166	166	Code, and authorized to carry a weapon under Section 76.0051,
167	167	Government Code, and neither section prohibits the [an] officer
168	168	from carrying a weapon in this state, including in an establishment
169	169	serving the public, regardless of whether [if] the officer is[:
170	170	[(A)] engaged in the actual discharge of the
171	171	officer's duties while carrying the weapon[; and
172	172	[(B) authorized to carry a weapon under Section
173	173	76.0051, Government Code];
174	174	(4) an active or retired judicial officer as defined
175	175	by Section 411.201, Government Code, who is licensed to carry a
176	176	handgun under Subchapter H, Chapter 411, Government Code;
177	177	(5) an honorably retired peace officer or other
178	178	qualified retired law enforcement officer, as defined by 18 U.S.C.
179	179	Section 926C, who holds a certificate of proficiency issued under
180	180	Section 1701.357, Occupations Code, and is carrying a photo
181	181	identification that is issued by a federal, state, or local law
182	182	enforcement agency, as applicable, and that verifies that the
183	183	officer is an honorably retired peace officer or other qualified
184	184	retired law enforcement officer, and neither section prohibits the
185	185	officer from carrying a weapon in this state, including in an
186	186	establishment serving the public;
187	187	(6) the attorney general or a United States attorney,
188	188	district attorney, criminal district attorney, county attorney, or
189	189	municipal attorney who is licensed to carry a handgun under
190	190	Subchapter H, Chapter 411, Government Code;
191	191	(7) an assistant United States attorney, assistant
192	192	attorney general, assistant district attorney, assistant criminal
193	193	district attorney, or assistant county attorney who is licensed to
194	194	carry a handgun under Subchapter H, Chapter 411, Government Code;
195	195	(8) a bailiff designated by an active judicial officer
196	196	as defined by Section 411.201, Government Code, who is:
197	197	(A) licensed to carry a handgun under Subchapter
198	198	H, Chapter 411, Government Code; and
199	199	(B) engaged in escorting the judicial officer;
200	200	(9) a juvenile probation officer who is authorized to
201	201	carry a firearm under Section 142.006, Human Resources Code, and
202	202	neither section prohibits the officer from carrying a firearm in
203	203	this state, including in an establishment serving the public,
204	204	regardless of whether the officer is carrying the firearm in the
205	205	course of the officer's official duties;
206	206	(10) a person who is volunteer emergency services
207	207	personnel if the person is:
208	208	(A) carrying a handgun under the authority of
209	209	Subchapter H, Chapter 411, Government Code; and
210	210	(B) engaged in providing emergency services;
211	211	[or]
212	212	(11) a person who:
213	213	(A) retired after serving as a judge or justice
214	214	described by Section 411.201(a)(1), Government Code; and
215	215	(B) is licensed to carry a handgun under
216	216	Subchapter H, Chapter 411, Government Code; or
217	217	(12) [(11)] a district or county clerk who is carrying
218	218	a handgun the clerk is licensed to carry under Subchapter H, Chapter
219	219	411, Government Code.
220	220	SECTION 8. Section 46.15, Penal Code, is amended by adding
221	221	Subsection (c) to read as follows:
222	222	(c) In this section, "establishment serving the public" has
223	223	the meaning assigned by Article 2A.052, Code of Criminal Procedure.
224	224	SECTION 9. Article 2A.052, Code of Criminal Procedure, as
225	225	amended by this Act, applies only to a cause of action that accrues
226	226	on or after the effective date of this Act.
227	227	SECTION 10. Section 76.0051, Government Code, as amended by
228	228	this Act, and Section 142.006, Human Resources Code, as amended by
229	229	this Act, apply only to the carrying of a weapon or firearm on or
230	230	after the effective date of this Act.
231	231	SECTION 11. Sections 38.14 and 46.15, Penal Code, as
232	232	amended by this Act, apply only to an offense committed on or after
233	233	the effective date of this Act. An offense committed before the
234	234	effective date of this Act is governed by the law in effect on the
235	235	date the offense was committed, and the former law is continued in
236	236	effect for that purpose. For purposes of this section, an offense
237	237	was committed before the effective date of this Act if any element
238	238	of the offense occurred before that date.
239	239	SECTION 12. To the extent of any conflict, this Act prevails
240	240	over another Act of the 89th Legislature, Regular Session, 2025,
241	241	relating to nonsubstantive additions to and corrections in enacted
242	242	codes.
243	243	SECTION 13. This Act takes effect September 1, 2025.