| |
|
|
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 United States attorneys and |
|
|
assistant United States 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, 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, as a supervision |
|
|
officer as defined by Section 2, Article 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 |
|
|
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 or the federal |
|
|
government 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 or the federal government 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), and (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) 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) 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) 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 |
|
|
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 Section |
|
|
46.15(a), 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 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 was committed before that date. |
|
|
SECTION 7. This Act takes effect September 1, 2017. |