By:  Wentworth                                         S.B. No. 921
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the applicability to judicial officers of certain
 1-2     prohibitions against the carrying of handguns or other weapons.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 46.15(a), Penal Code, is amended to read
 1-5     as follows:
 1-6           (a)  Section 46.02 and 46.03 do not apply to:
 1-7                 (1)  peace officers and neither section prohibits a
 1-8     peace officer from carrying a weapon in this state, regardless of
 1-9     whether the officer is engaged in the actual discharge of the
1-10     officer's duties while carrying the weapon;
1-11                 (2)  parole officers and neither section prohibits an
1-12     officer from carrying a weapon in this state if the officer is:
1-13                       (A)  engaged in the actual discharge of the
1-14     officer's duties while carrying the weapon; and
1-15                       (B)  in compliance with policies and procedures
1-16     adopted by the Texas Department of Criminal Justice regarding the
1-17     possession of a weapon by an officer while on duty;
1-18                 (3)  community supervision and corrections department
1-19     officers appointed or employed under Section 76.004, Government
1-20     Code, and neither section prohibits an officer from carrying a
1-21     weapon in this state if the officer is:
1-22                       (A)  engaged in the actual discharge of the
 2-1     officer's duties while carrying the weapon; and
 2-2                       (B)  authorized to carry a weapon under Section
 2-3     76.0051, Government Code; or
 2-4                 (4)  a judge or justice of the supreme court, the court
 2-5     of criminal appeals, a court of appeals, a district court, a
 2-6     criminal district court, a constitutional county court, a statutory
 2-7     county court, a justice court, or a municipal court, and neither
 2-8     section prohibits a judge or justice from carrying a weapon in this
 2-9     state, regardless of whether the judge or justice is engaged in the
2-10     actual discharge of duties while carrying the weapon [who is
2-11     licensed to carry a concealed handgun under Article 4413 (29ee),
2-12     Revised Statutes].
2-13           SECTION 2.  (a)  The change in law made by this Act applies
2-14     only to the prosecution of an offense committed on or after the
2-15     effective date of this Act.  For purposes of this section, an
2-16     offense is committed before the effective date of this Act if any
2-17     element of the offense occurs before the effective date.
2-18           (b)  The prosecution of an offense committed before the
2-19     effective date of this Act is covered by the law in effect when the
2-20     offense was committed, and the former law is continued in effect
2-21     for that purpose.
2-22           SECTION 3.  This Act takes effect September 1, 1999.