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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of special forces veterans who hold a license |
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to carry a handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.174(b-1), Government Code, is |
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amended to read as follows: |
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(b-1) The application must provide space for the applicant |
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to: |
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(1) list any military service that may qualify the |
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applicant to receive a license with a veteran's designation under |
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Section 411.179(e) or a special forces veterans designation under |
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Section 411.1845; and |
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(2) include proof required by the department to |
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determine the applicant's eligibility to receive the applicable |
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[that] designation. |
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SECTION 2. Section 411.179(a), Government Code, is amended |
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to read as follows: |
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(a) The department by rule shall adopt the form of the |
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license. A license must include: |
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(1) a number assigned to the license holder by the |
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department; |
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(2) a statement of the period for which the license is |
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effective; |
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(3) a photograph of the license holder; |
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(4) the license holder's full name, date of birth, hair |
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and eye color, height, weight, and signature; |
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(5) the license holder's residence address or, as |
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provided by Subsection (d), the street address of the courthouse in |
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which the license holder or license holder's spouse or parent |
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serves as a federal judge or the license holder serves as a state |
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judge; |
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(6) the number of a driver's license or an |
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identification certificate issued to the license holder by the |
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department; |
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(7) the designation "VETERAN" if required under |
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Subsection (e); |
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(8) any at-risk designation for which the license |
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holder has established eligibility under Section 411.184; [and] |
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(9) if applicable, a protective order designation |
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under Section 411.1735; and |
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(10) the designation "SPECIAL FORCES VETERAN" for |
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which the license holder has established eligibility under Section |
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411.1845. |
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SECTION 3. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.1845 to read as follows: |
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Sec. 411.1845. SPECIAL FORCES VETERAN DESIGNATION. (a) In |
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this section, "special forces veteran" means a person who: |
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(1) is a veteran, as defined by Section 411.1951; and |
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(2) served for a period of at least 12 consecutive |
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months in one or more of the following positions at the enlisted pay |
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grade of E5-E9, at the warrant officer pay grade of W1-W5, or at the |
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commissioned officer pay grade O1-O10: |
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(A) United States Army Special Forces as: |
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(i) a detachment commander (18A); |
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(ii) a detachment warrant officer (180A); |
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(iii) a weapons sergeant (18B); |
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(iv) an engineer sergeant (18C); |
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(v) a medical sergeant (18D); |
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(vi) a communications sergeant (18E); |
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(vii) an intelligence sergeant (18F); or |
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(viii) an operations sergeant (18Z); |
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(B) United States Army 75th Ranger Regiment as: |
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(i) a commissioned officer who served as an |
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infantry officer (11A); or |
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(ii) a noncommissioned officer or enlisted |
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member who served as: |
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(a) an infantryman (11B); |
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(b) an indirect fire infantryman |
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(11C); or |
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(c) a combat medic specialist (68W); |
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(C) United States Navy SEAL as: |
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(i) an active duty officer qualified in |
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special warfare (1130); or |
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(ii) an enlisted member who served as a |
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special warfare operator (5326); |
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(D) United States Marine Corps as: |
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(i) a scout sniper (0317, previously 8541); |
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(ii) a reconnaissance marine (0321); |
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(iii) a sniper qualified reconnaissance |
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marine (0322); |
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(iv) a parachute and combatant diver |
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qualified reconnaissance marine (0326, previously 8654); |
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(v) a special operations officer (0370); or |
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(vi) a critical skills operator (0372); or |
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(E) United States Air Force as: |
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(i) an enlisted member who served in combat |
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control (1Z2X1); or |
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(ii) an enlisted member who served in |
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pararescue (1T2X1). |
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(b) The department shall include the designation "SPECIAL |
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FORCES VETERAN" on the face of any original, duplicate, modified, |
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or renewed license under this subchapter or on the reverse side of |
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the license, as determined by the department, if the license is |
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issued to a special forces veteran who: |
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(1) requests the designation; and |
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(2) provides to the department sufficient proof of the |
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veteran's military service and honorable discharge and the |
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veteran's eligibility under this section. |
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(c) The director shall adopt rules to implement this |
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section. |
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SECTION 4. Subchapter N, Chapter 1702, Occupations Code, is |
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amended by adding Section 1702.334 to read as follows: |
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Sec. 1702.334. SPECIAL FORCES VETERANS. This chapter does |
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not apply to: |
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(1) a person who holds a license to carry a handgun |
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under Subchapter H, Chapter 411, Government Code, that bears the |
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special forces veteran designation under Section 411.1845 of that |
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code; or |
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(2) a charitable, nonprofit organization that: |
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(A) provides services only in furtherance of its |
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mission; |
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(B) is exempt from the payment of federal income |
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taxes under Section 501(a), Internal Revenue Code of 1986, and its |
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subsequent amendments by being listed as an exempt entity under |
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Section 501(c)(3) of that code; and |
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(C) is managed by a person described by |
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Subdivision (1). |
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SECTION 5. Section 46.15(a), Penal Code, as amended by |
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Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts |
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of the 88th Legislature, Regular Session, 2023, is reenacted and |
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amended to read 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 2A.002, 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 or retired judicial officer as defined |
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by Section 411.201, Government Code, who is licensed to carry a |
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handgun under Subchapter H, Chapter 411, Government Code; |
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(5) an honorably retired peace officer or other |
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qualified retired law enforcement officer, as defined by 18 U.S.C. |
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Section 926C, who holds a certificate of proficiency issued under |
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Section 1701.357, Occupations Code, and is carrying a photo |
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identification that is issued by a federal, state, or local law |
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enforcement agency, as applicable, and that verifies that the |
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officer is an honorably retired peace officer or other qualified |
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retired law enforcement officer; |
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(6) the attorney general or a United States attorney, |
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district attorney, criminal district attorney, county attorney, or |
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municipal attorney who is licensed to carry a handgun under |
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Subchapter H, Chapter 411, Government Code; |
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(7) an assistant United States attorney, assistant |
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attorney general, assistant district attorney, assistant criminal |
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district attorney, or assistant county attorney who is licensed to |
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carry a handgun under 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; |
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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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(10) a person who is volunteer emergency services |
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personnel if the person is: |
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(A) carrying a handgun under the authority of |
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Subchapter H, Chapter 411, Government Code; and |
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(B) engaged in providing emergency services; |
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[or] |
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(11) a person who: |
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(A) retired after serving as a judge or justice |
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described by Section 411.201(a)(1), Government Code; and |
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(B) is licensed to carry a handgun under |
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Subchapter H, Chapter 411, Government Code; |
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(12) [(11)] a district or county clerk who is carrying |
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a handgun the clerk is licensed to carry under Subchapter H, Chapter |
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411, Government Code; or |
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(13) a person who: |
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(A) is carrying a handgun; and |
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(B) holds a license to carry a handgun under |
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Subchapter H, Chapter 411, Government Code, that bears the special |
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forces veteran designation under Section 411.1845 of that code. |
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SECTION 6. The public safety director of the Department of |
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Public Safety shall adopt the rules necessary to implement Section |
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411.1845, Government Code, as added by this Act, not later than |
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December 1, 2025. |
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SECTION 7. The Department of Public Safety may not accept an |
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application for or grant a designation under Section 411.1845, |
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Government Code, as added by this Act, before January 1, 2026. |
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SECTION 8. The change in law made by this Act in amending |
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Section 46.15, Penal Code, applies only to an offense committed on |
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or after January 1, 2026. An offense committed before January 1, |
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2026, is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before January 1, 2026, if any element of the offense occurred |
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before that date. |
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SECTION 9. To the extent of any conflict, this Act prevails |
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over another Act of the 89th Legislature, Regular Session, 2025, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 10. This Act takes effect September 1, 2025. |