Bill Text: TX SB35 | 2013 | 83rd Legislature 1st Special Session | Introduced
Bill Title: Relating to the application of certain concealed handgun license laws to the attorney general and the state prosecuting attorney and to assistant attorneys general, assistant state prosecuting attorneys, United States attorneys, assistant United States attorneys, special assistant United States attorneys, and certain associate judges and other judicial personnel, and to the authority of those persons to carry certain weapons.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-06-11 - Filed [SB35 Detail]
Download: Texas-2013-SB35-Introduced.html
83S10279 ADM-D | ||
By: Carona | S.B. No. 35 |
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relating to the application of certain concealed handgun license | ||
laws to the attorney general and the state prosecuting attorney and | ||
to assistant attorneys general, assistant state prosecuting | ||
attorneys, United States attorneys, assistant United States | ||
attorneys, special assistant United States attorneys, and certain | ||
associate judges and other judicial personnel, and to the authority | ||
of those persons to carry certain weapons. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. If H.B. No. 3142, Acts of the 83rd Legislature, | ||
Regular Session, 2013, becomes law, Section 411.1882(a), | ||
Government Code, as effective June 2013, 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, or as the state prosecuting attorney or | ||
an assistant state prosecuting attorney, the attorney general or an | ||
assistant attorney general, a United States attorney, assistant | ||
United States attorney, or special assistant United States | ||
attorney, a district attorney or[ |
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criminal district attorney or[ |
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attorney, or a county attorney[ |
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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. If H.B. No. 3142, Acts of the 83rd Legislature, | ||
Regular Session, 2013, does not become law, 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, or as the state prosecuting attorney or | ||
an assistant state prosecuting attorney, the attorney general or an | ||
assistant attorney general, a United States attorney, assistant | ||
United States attorney, or special assistant United States | ||
attorney, a district attorney or[ |
||
criminal district attorney or[ |
||
attorney, or a county attorney[ |
||
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: | ||
(1) 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; and | ||
(2) designates the categories of handguns with respect | ||
to which the person demonstrated proficiency. | ||
SECTION 3. Section 411.201(a)(1), Government Code, is | ||
amended to read as follows: | ||
(1) "Active judicial officer" means: | ||
(A) a person serving as a judge or justice of the | ||
supreme court, the court of criminal appeals, a court of appeals, a | ||
district court, a criminal district court, a constitutional county | ||
court, a statutory county court, a justice court, or a municipal | ||
court; | ||
(B) a federal judge who is a resident of this | ||
state; or | ||
(C) a person appointed and serving as: | ||
(i) an associate judge under Chapter 201, | ||
Family Code, or Chapter 54 or 54A; or | ||
(ii) a master or magistrate under Chapter | ||
54. | ||
SECTION 4. (a) 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) | ||
[ |
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the commission of the offense, [ |
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(1) a judge or justice of a federal court; | ||
(2) an active judicial officer, as defined by Section | ||
411.201, Government Code; | ||
(3) a bailiff designated by the active judicial | ||
officer and engaged in escorting the officer; or | ||
(4) the state prosecuting attorney or an assistant | ||
state prosecuting attorney, the attorney general or an assistant | ||
attorney general, a United States attorney, assistant United States | ||
attorney, or special assistant United States attorney, [ |
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district attorney or[ |
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district attorney or[ |
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county attorney[ |
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(b) Section 46.035(h-1), Penal Code, as added by Chapter | ||
1214 (H.B. 1889), Acts of the 80th Legislature, Regular Session, | ||
2007, is repealed. | ||
SECTION 5. If H.B. No. 3370, Acts of the 83rd Legislature, | ||
Regular Session, 2013, becomes law, 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) a judge or justice of a federal court or 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) the state prosecuting attorney, the attorney | ||
general, or a United States attorney, district attorney, criminal | ||
district attorney, county attorney, or municipal attorney if the | ||
person [ |
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Subchapter H, Chapter 411, Government Code; | ||
(7) an assistant state prosecuting attorney, | ||
assistant attorney general, assistant United States attorney, | ||
special assistant United States attorney, 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; or | ||
(9) a juvenile probation officer who is authorized to | ||
carry a firearm under Section 142.006, Human Resources Code. | ||
SECTION 6. If H.B. No. 3370, Acts of the 83rd Legislature, | ||
Regular Session, 2013, does not become law, 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) a judge or justice of a federal court or 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 or federal | ||
criminal investigator who holds a certificate of proficiency issued | ||
under Section 1701.357, Occupations Code, and is carrying a photo | ||
identification that: | ||
(A) verifies that the officer honorably retired | ||
after not less than 15 years of service as a commissioned officer; | ||
and | ||
(B) is issued by a state or local law enforcement | ||
agency; | ||
(6) the state prosecuting attorney, the attorney | ||
general, or a United States attorney, district attorney, criminal | ||
district attorney, county attorney, or municipal attorney if the | ||
person [ |
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Subchapter H, Chapter 411, Government Code; | ||
(7) an assistant state prosecuting attorney, | ||
assistant attorney general, assistant United States attorney, | ||
special assistant United States attorney, 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; or | ||
(9) a juvenile probation officer who is authorized to | ||
carry a firearm under Section 142.006, Human Resources Code. | ||
SECTION 7. (a) The changes in law made by this Act to | ||
Sections 46.035(h-1) and 46.15(a), Penal Code, apply 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 subsection, an offense was committed before the effective date | ||
of this Act if any element of the offense occurred before that date. | ||
(b) The change in law made by this Act to Section | ||
411.1882(a), Government Code, applies only to an application to | ||
obtain or renew a license to carry a concealed 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 when the application was submitted, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 8. This Act takes effect on the 91st day after the | ||
last day of the legislative session. |