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.