By Wentworth S.B. No. 682
74R152 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of certain honorably retired federal law
1-3 enforcement officers to carry certain weapons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 46.02(b), Penal Code, is amended to read
1-6 as follows:
1-7 (b) It is a defense to prosecution under this section that
1-8 the actor was, at the time of the commission of the offense:
1-9 (1) in the actual discharge of his official duties as
1-10 a member of the armed forces or state military forces as defined by
1-11 Section 431.001, Government Code, or as a guard employed by a penal
1-12 institution;
1-13 (2) on his own premises or premises under his control
1-14 unless he is an employee or agent of the owner of the premises and
1-15 his primary responsibility is to act in the capacity of a security
1-16 guard to protect persons or property, in which event he must comply
1-17 with Subdivision (5);
1-18 (3) traveling;
1-19 (4) engaging in lawful hunting, fishing, or other
1-20 sporting activity on the immediate premises where the activity is
1-21 conducted, or was directly en route between the premises and the
1-22 actor's residence, if the weapon is a type commonly used in the
1-23 activity;
1-24 (5) a person who holds a security officer commission
2-1 issued by the Texas Board of Private Investigators and Private
2-2 Security Agencies, if:
2-3 (A) he is engaged in the performance of his
2-4 duties as a security officer or traveling to and from his place of
2-5 assignment;
2-6 (B) he is wearing a distinctive uniform; and
2-7 (C) the weapon is in plain view; <or>
2-8 (6) a peace officer, other than a person commissioned
2-9 by the Texas State Board of Pharmacy; or
2-10 (7) a person who is an honorably retired United States
2-11 marshal, deputy marshal, or criminal investigator described by
2-12 Article 2.122, Code of Criminal Procedure, if the person:
2-13 (A) retired:
2-14 (i) after at least 10 years of service; or
2-15 (ii) because of a disability incurred in
2-16 the line of duty; and
2-17 (B) currently satisfies the requirement to
2-18 annually demonstrate weapons proficiency in the manner prescribed
2-19 by Section 415.035, Government Code.
2-20 SECTION 2. This Act takes effect September 1, 1995.
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.