By Eiland, West, Stiles, Moffat H.B. No. 1173
74R3105 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the application of certain weapons offenses to certain
1-3 peace officers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 46.01, Penal Code, is amended by adding
1-6 Subdivision (17) to read as follows:
1-7 (17) "Peace officer" does not include a person
1-8 commissioned by the State Board of Pharmacy.
1-9 SECTION 2. Section 46.02(b), Penal Code, is amended to read
1-10 as follows:
1-11 (b) It is a defense to prosecution under this section that
1-12 the actor was, at the time of the commission of the offense:
1-13 (1) in the actual discharge of his official duties as
1-14 a member of the armed forces or state military forces as defined by
1-15 Section 431.001, Government Code, or as a guard employed by a penal
1-16 institution;
1-17 (2) on his own premises or premises under his control
1-18 unless he is an employee or agent of the owner of the premises and
1-19 his primary responsibility is to act in the capacity of a security
1-20 guard to protect persons or property, in which event he must comply
1-21 with Subdivision (5);
1-22 (3) traveling;
1-23 (4) engaging in lawful hunting, fishing, or other
1-24 sporting activity on the immediate premises where the activity is
2-1 conducted, or was directly en route between the premises and the
2-2 actor's residence, if the weapon is a type commonly used in the
2-3 activity; or
2-4 (5) a person who holds a security officer commission
2-5 issued by the Texas Board of Private Investigators and Private
2-6 Security Agencies, if:
2-7 (A) he is engaged in the performance of his
2-8 duties as a security officer or traveling to and from his place of
2-9 assignment;
2-10 (B) he is wearing a distinctive uniform; and
2-11 (C) the weapon is in plain view<; or>
2-12 <(6) a peace officer, other than a person commissioned
2-13 by the Texas State Board of Pharmacy>.
2-14 SECTION 3. Sections 46.03(b) and (d), Penal Code, are
2-15 amended to read as follows:
2-16 (b) It is a defense to prosecution under Subsections
2-17 (a)(1)-(4) that the actor possessed a firearm while in the actual
2-18 discharge of his official duties as <a peace officer or> a member
2-19 of the armed forces or national guard or a guard employed by a
2-20 penal institution, or an officer of the court.
2-21 (d) It is a defense to prosecution under Subsection (a)(5)
2-22 that the actor possessed a firearm or club while traveling to or
2-23 from the actor's place of assignment or in the actual discharge of
2-24 duties as:
2-25 (1) <a peace officer;>
2-26 <(2)> a member of the armed forces or national guard;
2-27 (2) <(3)> a guard employed by a penal institution; or
3-1 (3) <(4)> a security officer commissioned by the Texas
3-2 Board of Private Investigators and Private Security Agencies if:
3-3 (A) the actor is wearing a distinctive uniform;
3-4 and
3-5 (B) the firearm or club is in plain view.
3-6 SECTION 4. Chapter 46, Penal Code, is amended by adding
3-7 Section 46.11 to read as follows:
3-8 Sec. 46.11. EXCEPTIONS FOR PEACE OFFICERS. (a) It is an
3-9 exception to the application of Section 46.02 or 46.03 that the
3-10 actor was, at the time of the commission of the offense:
3-11 (1) a peace officer, regardless of whether the actor
3-12 was in the actual discharge of an official duty; or
3-13 (2) an honorably retired commissioned officer of the
3-14 Department of Public Safety or of a local law enforcement agency.
3-15 (b) In this section, "honorably retired commissioned
3-16 officer" means an officer who:
3-17 (1) retired after at least 20 years of service as a
3-18 commissioned officer;
3-19 (2) currently satisfies the requirement to annually
3-20 demonstrate weapons proficiency in the manner prescribed by Section
3-21 415.035, Government Code; and
3-22 (3) has not had the officer's license as a
3-23 commissioned officer revoked or suspended for any period during the
3-24 officer's years of service as a commissioned officer.
3-25 SECTION 5. Subchapter A, Chapter 411, Government Code, is
3-26 amended by adding Section 411.0201 to read as follows:
3-27 Sec. 411.0201. WEAPONS PROFICIENCY TESTS FOR CERTAIN
4-1 RETIREES. The department shall allow a retiree who may be eligible
4-2 to carry a handgun under Section 46.11, Penal Code, a reasonable
4-3 opportunity to demonstrate the required weapons proficiency to the
4-4 department's firearms proficiency officer under Section 415.035.
4-5 SECTION 6. (a) The change in law made by this Act applies
4-6 only to an offense committed on or after the effective date of this
4-7 Act. For purposes of this section, an offense is committed before
4-8 the effective date of this Act if any element of the offense occurs
4-9 before that date.
4-10 (b) An offense committed before the effective date of this
4-11 Act is covered by the law in effect when the offense was committed,
4-12 and the former law is continued in effect for this purpose.
4-13 SECTION 7. This Act takes effect September 1, 1995.
4-14 SECTION 8. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended.