77R9998 JAT-F                           
         By Garcia                                             H.B. No. 1386
         Substitute the following for H.B. No. 1386:
         By Turner of Coleman                              C.S.H.B. No. 1386
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the carrying of weapons by peace officers and by
 1-3     special investigators.
 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, including commissioned peace
 1-9     officers of another state, or special investigators under Article
1-10     2.122, Code of Criminal Procedure, and neither section prohibits a
1-11     peace officer or special investigator from carrying a weapon in
1-12     this state, including in an establishment in this state serving the
1-13     public, regardless of whether the peace officer or special
1-14     investigator is engaged in the actual discharge of the officer's or
1-15     investigator's duties while carrying the weapon;
1-16                 (2)  parole officers and neither section prohibits an
1-17     officer from carrying a weapon in this state if the officer is:
1-18                       (A)  engaged in the actual discharge of the
1-19     officer's duties while carrying the weapon; and
1-20                       (B)  in compliance with policies and procedures
1-21     adopted by the Texas Department of Criminal Justice regarding the
1-22     possession of a weapon by an officer while on duty;
1-23                 (3)  community supervision and corrections department
1-24     officers appointed or employed under Section 76.004, Government
 2-1     Code, and neither section prohibits an officer from carrying a
 2-2     weapon in this state if the officer is:
 2-3                       (A)  engaged in the actual discharge of the
 2-4     officer's duties while carrying the weapon; and
 2-5                       (B)  authorized to carry a weapon under Section
 2-6     76.0051, Government Code; or
 2-7                 (4)  a judge or justice of the supreme court, the court
 2-8     of criminal appeals, a court of appeals, a district court, a
 2-9     criminal district court, a constitutional county court, a statutory
2-10     county court, a justice court, or a municipal court who is licensed
2-11     to carry a concealed handgun under Subchapter H, Chapter 411,
2-12     Government Code.
2-13           SECTION 2.  This Act takes effect immediately if it receives
2-14     a vote of at least two-thirds of all members elected to each house,
2-15     as provided by Article III, Section 39, Texas Constitution.  If
2-16     this Act does not receive the vote necessary for immediate effect,
2-17     then this Act takes effect September 1, 2001.