85R20292 ADM-D
	By: Huffman	S.B. No. 1807
	(Metcalf)
	Substitute the following for S.B. No. 1807:  No.

	A BILL TO BE ENTITLED
	AN ACT
	relating to the application of certain handgun license laws to
	certain federal and state 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 the attorney general or a judge,
	justice, United States attorney, assistant United States attorney,
	assistant attorney general, 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 the
	attorney general or a judge, justice, United States attorney,
	assistant United States attorney, assistant attorney general,
	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 the attorney
	general or as a judge or justice of a federal court, as an active
	judicial officer as defined by Section 411.201, as a United States
	attorney, assistant United States attorney, assistant attorney
	general, district attorney, assistant district attorney, criminal
	district attorney, assistant criminal district attorney, county
	attorney, or assistant county attorney, as a supervision officer as
	defined by [Section 2,] Article 42A.001 [42.12], Code of Criminal
	Procedure, or as a juvenile probation officer 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 3.  Section 411.201(h), Government Code, is amended
	to read as follows:
	(h)  The department shall issue a license to carry a handgun
	under the authority of this subchapter to a United States attorney
	or an assistant United States attorney, or to an [elected] attorney
	elected or employed to represent [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 or employed to represent the state in the
	prosecution of felony cases.
	SECTION 4.  Section 46.035(h-1), Penal Code, as added by
	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
	Session, 2007, is amended to read as follows:
	(h-1)  It is a defense to prosecution under Subsections
	(b)(1), (2), (4), (5), and (6) [(4)-(6),] and (c) that at the time
	of the commission of the offense, the actor 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)  the attorney general or a United States attorney,
	assistant United States attorney, assistant attorney general,
	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)  an active judicial officer as defined by Section
	411.201, Government Code, who is licensed to carry a 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 handgun under
	Subchapter H, Chapter 411, Government Code;
	(7)  an assistant United States attorney, assistant
	attorney general, assistant district attorney, assistant criminal
	district attorney, or assistant county attorney who is licensed to
	carry a 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 handgun under Subchapter
	H, 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.  (a)  To the extent of any conflict, this Act
	prevails over another Act of the 85th Legislature, Regular Session,
	2017, relating to nonsubstantive additions to and corrections in
	enacted codes.
	(b)  The change in law made by this Act in amending Sections
	46.035 and 46.15, Penal Code, 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 was committed before that date.
	SECTION 7.  This Act takes effect September 1, 2017.