Bill Text: TX HB2303 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the carrying or possession of a handgun by peace officers, special investigators, certain retired law enforcement officers, municipal attorneys, and assistant municipal attorneys and the issuance of handgun licenses to municipal attorneys and assistant municipal attorneys.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-15 - Referred to Homeland Security & Public Safety [HB2303 Detail]
Download: Texas-2021-HB2303-Introduced.html
87R5617 JSC-D | ||
By: Kacal | H.B. No. 2303 |
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relating to the carrying or possession of a handgun by peace | ||
officers, special investigators, certain retired law enforcement | ||
officers, municipal attorneys, and assistant municipal attorneys | ||
and the issuance of handgun licenses to municipal attorneys and | ||
assistant municipal attorneys. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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, [ |
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assistant municipal attorney, as a supervision officer as defined | ||
by Article 42A.001, 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 2. Section 46.15, Penal Code, is amended by | ||
amending Subsection (a) and adding Subsection (m) 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 or other | ||
qualified retired law enforcement officer, as defined by 18 U.S.C. | ||
Section 926C, 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 an honorably retired peace officer or other qualified | ||
retired law enforcement officer; | ||
(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, [ |
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municipal 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; | ||
(9) a juvenile probation officer who is authorized to | ||
carry a firearm under Section 142.006, Human Resources Code; or | ||
(10) a person who is volunteer emergency services | ||
personnel if the person is: | ||
(A) carrying a handgun under the authority of | ||
Subchapter H, Chapter 411, Government Code; and | ||
(B) engaged in providing emergency services. | ||
(m) Section 46.035 does not apply to: | ||
(1) peace officers or special investigators under | ||
Article 2.122, Code of Criminal Procedure, and that section does | ||
not prohibit a peace officer or special investigator from carrying | ||
a handgun 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 handgun; or | ||
(2) an honorably retired peace officer or other | ||
qualified retired law enforcement officer, as defined by 18 U.S.C. | ||
Section 926C, 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 an honorably retired peace officer or other qualified | ||
retired law enforcement officer. | ||
SECTION 3. Section 411.1882(a), Government Code, as amended | ||
by this Act, applies only to an application for a license to carry a | ||
handgun submitted on or after the effective date of this Act. An | ||
application submitted before the effective date of this Act is | ||
governed by the law in effect on the date the application was | ||
submitted, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 4. Section 46.15, Penal Code, as amended 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 5. Section 46.15(m), Penal Code, as added by this | ||
Act, is intended only to clarify existing law with respect to the | ||
locations in which peace officers, special investigators, and | ||
qualified retired law enforcement officers may carry a handgun. | ||
SECTION 6. This Act takes effect September 1, 2021. |