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A BILL TO BE ENTITLED
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AN ACT
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relating to the application of certain handgun license laws to |
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certain federal and state attorneys and to the authority of those |
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attorneys to carry certain weapons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.179(c), Government Code, is amended |
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to read as follows: |
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(c) In adopting the form of the license under Subsection |
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(a), the department shall establish a procedure for the license of a |
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qualified handgun instructor or of a judge, justice, United States |
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attorney, assistant United States attorney, prosecuting attorney, |
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or assistant prosecuting attorney, as described by Section |
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46.15(a)(4), [or] (6), or (7), Penal Code, to indicate on the |
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license the license holder's status as a qualified handgun |
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instructor or as a judge, justice, United States attorney, |
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assistant United States attorney, district attorney, criminal |
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district attorney, or county attorney. In establishing the |
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procedure, the department shall require sufficient documentary |
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evidence to establish the license holder's status under this |
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subsection. |
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SECTION 2. Section 411.1882(a), Government Code, is amended |
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to read as follows: |
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(a) A person who is serving in this state as a judge or |
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justice of a federal court, as an active judicial officer as defined |
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by Section 411.201, as a United States attorney, assistant United |
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States attorney, district attorney, assistant district attorney, |
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criminal district attorney, assistant criminal district attorney, |
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county attorney, or assistant county attorney, as a supervision |
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officer as defined by [Section 2,] Article 42A.001 [42.12], Code of |
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Criminal Procedure, or as a juvenile probation officer may |
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establish handgun proficiency for the purposes of this subchapter |
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by obtaining from a handgun proficiency instructor approved by the |
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Texas Commission on Law Enforcement for purposes of Section |
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1702.1675, Occupations Code, a sworn statement that indicates that |
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the person, during the 12-month period preceding the date of the |
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person's application to the department, demonstrated to the |
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instructor proficiency in the use of handguns. |
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SECTION 3. Section 411.201(h), Government Code, is amended |
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to read as follows: |
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(h) The department shall issue a license to carry a handgun |
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under the authority of this subchapter to a United States attorney |
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or an assistant United States attorney, or to an [elected] attorney |
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elected or employed to represent [representing] the state in the |
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prosecution of felony cases, who meets the requirements of this |
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section for an active judicial officer. The department shall waive |
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any fee required for the issuance of an original, duplicate, or |
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renewed license under this subchapter for an applicant who is a |
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United States attorney or an assistant United States attorney or |
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who is an attorney elected or employed to represent the state in the |
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prosecution of felony cases. |
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SECTION 4. Section 46.035(h-1), Penal Code, as added by |
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Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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(h-1) It is a defense to prosecution under Subsections |
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(b)(1), (2), (4), (5), and (6) [(4)-(6),] and (c) that at the time |
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of the commission of the offense, the actor was: |
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(1) a judge or justice of a federal court; |
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(2) an active judicial officer, as defined by Section |
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411.201, Government Code; or |
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(3) a United States attorney, assistant United States |
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attorney, district attorney, assistant district attorney, criminal |
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district attorney, assistant criminal district attorney, county |
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attorney, or assistant county attorney. |
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SECTION 5. Section 46.15(a), Penal Code, is amended to read |
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as follows: |
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(a) Sections 46.02 and 46.03 do not apply to: |
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(1) peace officers or special investigators under |
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Article 2.122, Code of Criminal Procedure, and neither section |
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prohibits a peace officer or special investigator from carrying a |
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weapon in this state, including in an establishment in this state |
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serving the public, regardless of whether the peace officer or |
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special investigator is engaged in the actual discharge of the |
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officer's or investigator's duties while carrying the weapon; |
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(2) parole officers and neither section prohibits an |
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officer from carrying a weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) in compliance with policies and procedures |
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adopted by the Texas Department of Criminal Justice regarding the |
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possession of a weapon by an officer while on duty; |
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(3) community supervision and corrections department |
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officers appointed or employed under Section 76.004, Government |
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Code, and neither section prohibits an officer from carrying a |
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weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) authorized to carry a weapon under Section |
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76.0051, Government Code; |
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(4) an active judicial officer as defined by Section |
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411.201, Government Code, who is licensed to carry a handgun under |
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Subchapter H, Chapter 411, Government Code; |
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(5) an honorably retired peace officer, qualified |
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retired law enforcement officer, federal criminal investigator, or |
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former reserve law enforcement officer who holds a certificate of |
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proficiency issued under Section 1701.357, Occupations Code, and is |
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carrying a photo identification that is issued by a federal, state, |
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or local law enforcement agency, as applicable, and that verifies |
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that the officer is: |
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(A) an honorably retired peace officer; |
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(B) a qualified retired law enforcement officer; |
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(C) a federal criminal investigator; or |
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(D) a former reserve law enforcement officer who |
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has served in that capacity not less than a total of 15 years with |
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one or more state or local law enforcement agencies; |
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(6) a United States attorney, district attorney, |
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criminal district attorney, county attorney, or municipal attorney |
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who is licensed to carry a handgun under Subchapter H, Chapter 411, |
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Government Code; |
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(7) an assistant United States attorney, assistant |
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district attorney, assistant criminal district attorney, or |
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assistant county attorney who is licensed to carry a handgun under |
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Subchapter H, Chapter 411, Government Code; |
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(8) a bailiff designated by an active judicial officer |
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as defined by Section 411.201, Government Code, who is: |
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(A) licensed to carry a handgun under Subchapter |
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H, Chapter 411, Government Code; and |
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(B) engaged in escorting the judicial officer; or |
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(9) a juvenile probation officer who is authorized to |
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carry a firearm under Section 142.006, Human Resources Code. |
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SECTION 6. (a) To the extent of any conflict, this Act |
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prevails over another Act of the 85th Legislature, Regular Session, |
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2017, relating to nonsubstantive additions to and corrections in |
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enacted codes. |
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(b) The change in law made by this Act in amending Sections |
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46.035 and 46.15, Penal Code, applies only to an offense committed |
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on or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense was committed before that date. |
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SECTION 7. This Act takes effect September 1, 2017. |
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