Bill Text: TX HB2063 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to authorizing certain attorneys representing the state to openly carry a handgun.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-03-05 - Referred to Homeland Security & Public Safety [HB2063 Detail]
Download: Texas-2013-HB2063-Introduced.html
| 83R8873 JSC-D | ||
| By: Gooden | H.B. No. 2063 | |
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| relating to authorizing certain attorneys representing the state to | ||
| openly carry a handgun. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 46.035, Penal Code, is amended by adding | ||
| Subsection (h-2) to read as follows: | ||
| (h-2) It is a defense to prosecution under Subsection (a) | ||
| that at the time of the commission of the offense the actor was a | ||
| district attorney, assistant district attorney, criminal district | ||
| attorney, assistant criminal district attorney, county attorney, | ||
| assistant county attorney, or municipal attorney. | ||
| SECTION 2. 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) 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 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, | ||
| who is carrying the handgun in plain view or in a concealed manner; | ||
| (7) an 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, who is carrying the handgun in plain view or | ||
| in a concealed manner; | ||
| (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 3. The change in law made by this Act applies 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 | ||
| governed by the law in effect on the date 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 4. This Act takes effect September 1, 2013. | ||
