Bill Text: TX SB1329 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to the application of certain concealed handgun license laws to the attorney general, to assistant attorneys general, and to federal prosecutors, judges, and justices, and to the authority of those individuals to carry certain weapons.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-18 - Referred to State Affairs [SB1329 Detail]

Download: Texas-2015-SB1329-Introduced.html
  84R12151 GCB-D
 
  By: Campbell S.B. No. 1329
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the application of certain concealed handgun license
  laws to the attorney general, to assistant attorneys general, and
  to federal prosecutors, judges, and justices, and to the authority
  of those individuals to carry certain weapons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 the attorney general or an
  assistant attorney general, United States attorney, assistant
  United States attorney, special assistant United States attorney, 
  [a] 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 Commission on
  Law Enforcement for purposes of Section 1702.1675, Occupations
  Code, a sworn statement that 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.
         SECTION 2.  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)  the attorney general or an assistant attorney
  general, United States attorney, assistant United States attorney,
  special assistant United States attorney, [(3)  a] district
  attorney, assistant district attorney, criminal district attorney,
  assistant criminal district attorney, county attorney, or
  assistant county attorney.
         SECTION 3.  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, qualified
  retired law enforcement officer, federal criminal investigator, or
  former reserve law enforcement officer who holds a certificate of
  proficiency issued under Section 1701.357, Occupations Code, and is
  carrying a photo identification that is issued by a federal, state,
  or local law enforcement agency, as applicable, and that  verifies
  that the officer is:
                     (A)  an honorably retired peace officer;
                     (B)  a qualified retired law enforcement officer;
                     (C)  a federal criminal investigator; or
                     (D)  a former reserve law enforcement officer who
  has served in that capacity not less than a total of 15 years with
  one or more state or local law enforcement agencies;
               (6)  the attorney general or 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 attorney general, assistant United
  States attorney, special 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 4.  The changes in law made by this Act to 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 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 5.  This Act takes effect September 1, 2015.
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