By Hupp H.B. No. 305
76R1104 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the applicability to judicial officers of certain
1-3 prohibitions against the carrying of handguns or other weapons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 46.15(a), Penal Code, is amended to read
1-6 as follows:
1-7 (a) Sections 46.02 and 46.03 do not apply to:
1-8 (1) peace officers and neither section prohibits a
1-9 peace officer from carrying a weapon in this state, regardless of
1-10 whether the officer is engaged in the actual discharge of the
1-11 officer's duties while carrying the weapon;
1-12 (2) parole officers and neither section prohibits an
1-13 officer from carrying a weapon in this state if the officer is:
1-14 (A) engaged in the actual discharge of the
1-15 officer's duties while carrying the weapon; and
1-16 (B) in compliance with policies and procedures
1-17 adopted by the Texas Department of Criminal Justice regarding the
1-18 possession of a weapon by an officer while on duty;
1-19 (3) community supervision and corrections department
1-20 officers appointed or employed under Section 76.004, Government
1-21 Code, and neither section prohibits an officer from carrying a
1-22 weapon in this state if the officer is:
1-23 (A) engaged in the actual discharge of the
1-24 officer's duties while carrying the weapon; and
2-1 (B) authorized to carry a weapon under Section
2-2 76.0051, Government Code; or
2-3 (4) a judge or justice of the supreme court, the court
2-4 of criminal appeals, a court of appeals, a district court, a
2-5 criminal district court, a constitutional county court, a statutory
2-6 county court, a justice court, or a municipal court, and neither
2-7 section prohibits a judge or justice from carrying a weapon in this
2-8 state, regardless of whether the judge or justice is engaged in
2-9 the actual discharge of duties while carrying the weapon [who is
2-10 licensed to carry a concealed handgun under Article 4413(29ee),
2-11 Revised Statutes].
2-12 SECTION 2. (a) The change in law made by this Act applies
2-13 only to the prosecution of an offense committed on or after the
2-14 effective date of this Act. For purposes of this section, an
2-15 offense is committed before the effective date of this Act if any
2-16 element of the offense occurs before the effective date.
2-17 (b) The prosecution of an offense committed before the
2-18 effective date of this Act is covered by the law in effect when the
2-19 offense was committed, and the former law is continued in effect
2-20 for that purpose.
2-21 SECTION 3. This Act takes effect September 1, 1999.
2-22 SECTION 4. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.