By: Birdwell  S.B. No. 599
         (In the Senate - Filed January 25, 2023; February 17, 2023,
  read first time and referred to Committee on State Affairs;
  March 1, 2023, reported favorably by the following vote:  Yeas 11,
  Nays 0; March 1, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the carrying or possession of a handgun by a district
  clerk and the issuance of a handgun license to a district clerk.
         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, or assistant county attorney, as a district clerk, 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.  The heading to Section 411.201, Government Code,
  is amended to read as follows:
         Sec. 411.201.  ACTIVE AND RETIRED JUDICIAL OFFICERS; CERTAIN
  COURT OFFICERS.
         SECTION 3.  Section 411.201(h), Government Code, is amended
  to read as follows:
         (h)  The department shall issue a license to carry a handgun
  under the authority of this subchapter to an applicant who meets the
  requirements of this section for an active judicial officer and who
  is a United States attorney or an assistant United States attorney,
  [or to] an attorney elected or employed to represent the state in
  the prosecution of felony cases, or a district clerk [who meets the
  requirements of this section for an active judicial officer].  The
  department shall waive any fee required for the issuance of an
  original, duplicate, or renewed license under this subchapter for
  an applicant who is a United States attorney or an assistant United
  States attorney, [or who is] an attorney elected or employed to
  represent the state in the prosecution of felony cases, or a
  district clerk.
         SECTION 4.  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)  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, or assistant county 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; or
               (11)  a district clerk who is carrying a handgun the
  district clerk is licensed to carry under Subchapter H, Chapter
  411, Government Code.
         SECTION 5.  Sections 411.1882(a) and 411.201(h), Government
  Code, as amended by this Act, apply 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 6.  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 7.  This Act takes effect September 1, 2023.
 
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