Bill Text: TX HB1285 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the authority of certain personal protection officers to carry certain weapons.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-05-04 - Committee report sent to Calendars [HB1285 Detail]
Download: Texas-2015-HB1285-Introduced.html
Bill Title: Relating to the authority of certain personal protection officers to carry certain weapons.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-05-04 - Committee report sent to Calendars [HB1285 Detail]
Download: Texas-2015-HB1285-Introduced.html
84R1903 LEH-D | ||
By: Simmons | H.B. No. 1285 |
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relating to the authority of certain personal protection officers | ||
to carry certain weapons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 46.15(a) and (b), Penal Code, are | ||
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 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) a 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 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; | ||
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(9) a juvenile probation officer who is authorized to | ||
carry a firearm under Section 142.006, Human Resources Code; or | ||
(10) a person who acts as a personal protection | ||
officer and carries the person's security officer commission and | ||
personal protection officer authorization, if the person: | ||
(A) is engaged in the performance of the person's | ||
duties as a personal protection officer under Chapter 1702, | ||
Occupations Code, or is traveling to or from the person's place of | ||
assignment; and | ||
(B) is either: | ||
(i) wearing the uniform of a security | ||
officer, including any uniform or apparel described by Section | ||
1702.323(d), Occupations Code, and carrying the officer's weapon in | ||
plain view; or | ||
(ii) not wearing the uniform of a security | ||
officer and carrying the officer's weapon in a concealed manner. | ||
(b) Section 46.02 does not apply to a person who: | ||
(1) is in the actual discharge of official duties as a | ||
member of the armed forces or state military forces as defined by | ||
Section 437.001, Government Code, or as a guard employed by a penal | ||
institution; | ||
(2) is traveling; | ||
(3) is engaging in lawful hunting, fishing, or other | ||
sporting activity on the immediate premises where the activity is | ||
conducted, or is en route between the premises and the actor's | ||
residence, motor vehicle, or watercraft, if the weapon is a type | ||
commonly used in the activity; | ||
(4) holds a security officer commission issued by the | ||
Texas Private Security Board, if the person is engaged in the | ||
performance of the person's duties as an officer commissioned under | ||
Chapter 1702, Occupations Code, or is traveling to or from the | ||
person's place of assignment and is wearing the officer's uniform | ||
and carrying the officer's weapon in plain view; | ||
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license issued under Subchapter H, Chapter 411, Government Code, to | ||
carry a concealed handgun; | ||
(6) [ |
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license or is an employee of a holder of an alcoholic beverage | ||
permit or license if the person is supervising the operation of the | ||
permitted or licensed premises; or | ||
(7) [ |
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engaging in an activity required as part of the class, if the weapon | ||
is a type commonly used in the activity and the person is: | ||
(A) on the immediate premises where the activity | ||
is conducted; or | ||
(B) en route between those premises and the | ||
person's residence and is carrying the weapon unloaded. | ||
SECTION 2. The change in law made by this Act 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 occurred | ||
before that date. | ||
SECTION 3. This Act takes effect September 1, 2015. |