By King of Parker H.B. No. 906
76R4535 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the applicability of certain weapons offenses to a
1-3 reserve law enforcement officer.
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 who is licensed
2-7 to carry a concealed handgun under Subchapter H, Chapter 411,
2-8 Government Code; or
2-9 (5) a reserve law enforcement officer licensed under
2-10 Chapter 415, Government Code, and neither section prohibits a
2-11 reserve law enforcement officer from carrying a weapon in this
2-12 state, regardless of whether the officer is engaged in the actual
2-13 discharge of the officer's duties while carrying the weapon
2-14 [Article 4413(29ee), Revised Statutes].
2-15 SECTION 2. The change in law made by this Act applies only
2-16 to an offense committed on or after the effective date of this
2-17 Act. An offense committed before the effective date of this Act is
2-18 covered by the law in effect when the offense was committed, and
2-19 the former law is continued in effect for that purpose. For
2-20 purposes of this section, an offense was committed before the
2-21 effective date of this Act if any element of the offense occurred
2-22 before that date.
2-23 SECTION 3. This Act takes effect September 1, 1999.
2-24 SECTION 4. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.