Bill Text: TX HB9 | 2013 | 83rd Legislature 3rd Special Session | Introduced
Bill Title: Relating to authorizing certain attorneys representing the state to openly carry a handgun.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-08-01 - Filed [HB9 Detail]
Download: Texas-2013-HB9-Introduced.html
| 83S30056 AJZ-D | ||
| By: Gooden | H.B. No. 9 | |
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| relating to authorizing certain attorneys representing the state to | ||
| openly carry a handgun. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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 district attorney, assistant district attorney, | ||
| criminal district attorney, assistant criminal district attorney, | ||
| county attorney, [ |
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| attorney. | ||
| SECTION 2. Section 46.035, Penal Code, is amended by adding | ||
| Subsection (h-2) to read as follows: | ||
| (h-2) It is a defense to prosecution under Subsection (a) | ||
| that at the time of the commission of the offense the actor was a | ||
| district attorney, assistant district attorney, criminal district | ||
| attorney, assistant criminal district attorney, county attorney, | ||
| assistant county attorney, or municipal attorney. | ||
| SECTION 3. Section 46.15(a), Penal Code, as effective | ||
| September 1, 2013, 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 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, | ||
| who is carrying the handgun in plain view or in a concealed manner; | ||
| (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, who is carrying the handgun in plain view or | ||
| in a concealed manner; | ||
| (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; or | ||
| (9) a juvenile probation officer who is authorized to | ||
| carry a firearm under Section 142.006, Human Resources Code. | ||
| SECTION 4. 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 5. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
