83R1362 GCB-D
	By: Keffer	H.B. No. 1051

	A BILL TO BE ENTITLED
	AN ACT
	relating to the application of certain concealed handgun license
	laws to United States attorneys and assistant United States
	attorneys and to the authority of those attorneys to carry certain
	weapons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 411.179(c), Government Code, is amended
	to read as follows:
	(c)  In adopting the form of the license under Subsection
	(a), the department shall establish a procedure for the license of a
	qualified handgun instructor or of a judge, justice, United States
	attorney, assistant United States attorney, prosecuting attorney,
	or assistant prosecuting attorney, as described by Section
	46.15(a)(4), [or] (6), or (7), Penal Code, to indicate on the
	license the license holder's status as a qualified handgun
	instructor or as a judge, justice, United States attorney,
	assistant United States attorney, district attorney, criminal
	district attorney, or county attorney.  In establishing the
	procedure, the department shall require sufficient documentary
	evidence to establish the license holder's status under this
	subsection.
	SECTION 2.  Section 411.1882(a), Government Code, is amended
	to read as follows:
	(a)  A person who is serving in this state as a judge or
	justice of a federal court, as an active judicial officer, as
	defined by Section 411.201, or as a United States attorney,
	assistant United States attorney, district attorney, assistant
	district attorney, criminal district attorney, assistant criminal
	district attorney, county attorney, or assistant county attorney
	may establish handgun proficiency for the purposes of this
	subchapter by obtaining from a handgun proficiency instructor
	approved by the Texas Private Security Board [Commission on Law
	Enforcement Officer Standards and Education] for purposes of
	Section 1702.1675, Occupations Code, a sworn statement that:
	(1)  indicates that the person, during the 12-month
	period preceding the date of the person's application to the
	department, demonstrated to the instructor proficiency in the use
	of handguns; and
	(2)  designates the categories of handguns with respect
	to which the person demonstrated proficiency.
	SECTION 3.  Section 411.201(h), Government Code, is amended
	to read as follows:
	(h)  The department shall issue a license to carry a
	concealed handgun under the authority of this subchapter to a
	United States attorney or an assistant United States attorney or to
	an elected attorney representing the state in the prosecution of
	felony cases who meets the requirements of this section for an
	active judicial officer. The department shall waive any fee
	required for the issuance of an original, duplicate, or renewed
	license under this subchapter for an applicant who is a United
	States attorney or an assistant United States attorney or who is an
	attorney elected, appointed, or employed, as applicable, to
	represent the state or the federal government in the prosecution of
	felony cases.
	SECTION 4.  Section 46.035(h-1), Penal Code, as added by
	Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
	Legislature, Regular Session, 2007, is reenacted and amended to
	read as follows:
	(h-1)  It is a defense to prosecution under Subsections (b)
	and (c) that the actor, at the time of the commission of the
	offense, was:
	(1)  a judge or justice of a federal court;
	(2)  an active judicial officer, as defined by Section
	411.201, Government Code; [or]
	(3) [(2)]  a bailiff designated by the active judicial
	officer and engaged in escorting the officer; or
	(4) [(3)]  a United States attorney, assistant United
	States attorney, district attorney, assistant district attorney,
	criminal district attorney, assistant criminal district attorney,
	county attorney, or assistant county attorney.
	SECTION 5.  Section 46.15(a), Penal Code, is amended to read
	as follows:
	(a)  Sections 46.02 and 46.03 do not apply to:
	(1)  peace officers or special investigators under
	Article 2.122, Code of Criminal Procedure, and neither section
	prohibits a peace officer or special investigator from carrying a
	weapon in this state, including in an establishment in this state
	serving the public, regardless of whether the peace officer or
	special investigator is engaged in the actual discharge of the
	officer's or investigator's duties while carrying the weapon;
	(2)  parole officers and neither section prohibits an
	officer from carrying a weapon in this state if the officer is:
	(A)  engaged in the actual discharge of the
	officer's duties while carrying the weapon; and
	(B)  in compliance with policies and procedures
	adopted by the Texas Department of Criminal Justice regarding the
	possession of a weapon by an officer while on duty;
	(3)  community supervision and corrections department
	officers appointed or employed under Section 76.004, Government
	Code, and neither section prohibits an officer from carrying a
	weapon in this state if the officer is:
	(A)  engaged in the actual discharge of the
	officer's duties while carrying the weapon; and
	(B)  authorized to carry a weapon under Section
	76.0051, Government Code;
	(4)  a judge or justice of a federal court or an active
	judicial officer as defined by Section 411.201, Government Code,
	who is licensed to carry a concealed handgun under Subchapter H,
	Chapter 411, Government Code;
	(5)  an honorably retired peace officer or federal
	criminal investigator who holds a certificate of proficiency issued
	under Section 1701.357, Occupations Code, and is carrying a photo
	identification that:
	(A)  verifies that the officer honorably retired
	after not less than 15 years of service as a commissioned officer;
	and
	(B)  is issued by a state or local law enforcement
	agency;
	(6)  a United States attorney, district attorney,
	criminal district attorney, county attorney, or municipal attorney
	who is licensed to carry a concealed handgun under Subchapter H,
	Chapter 411, Government Code;
	(7)  an assistant United States attorney, assistant
	district attorney, assistant criminal district attorney, or
	assistant county attorney who is licensed to carry a concealed
	handgun under Subchapter H, Chapter 411, Government Code;
	(8)  a bailiff designated by an active judicial officer
	as defined by Section 411.201, Government Code, who is:
	(A)  licensed to carry a concealed handgun under
	Chapter 411, Government Code; and
	(B)  engaged in escorting the judicial officer; or
	(9)  a juvenile probation officer who is authorized to
	carry a firearm under Section 142.006, Human Resources Code.
	SECTION 6.  The changes in law made by this Act in amending
	Sections 46.035(h-1) and 46.15(a), Penal Code, apply only to an
	offense committed on or after the effective date of this Act. An
	offense committed before the effective date of this Act is covered
	by the law in effect when the offense was committed, and the former
	law is continued in effect for that purpose. For purposes of this
	section, an offense was committed before the effective date of this
	Act if any element of the offense occurred before that date.
	SECTION 7.  This Act takes effect September 1, 2013.