1-1 By: Van de Putte S.B. No. 1713 1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read 1-3 first time and referred to Committee on Criminal Justice; 1-4 April 23, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; April 23, 2001, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1713 By: Moncrief 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the carrying of weapons by peace officers and by 1-11 special investigators. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subsection (a), Section 46.15, Penal Code, is 1-14 amended to read as follows: 1-15 (a) Sections 46.02 and 46.03 do not apply to: 1-16 (1) peace officers, including commissioned peace 1-17 officers of another state, or special investigators under Article 1-18 2.122, Code of Criminal Procedure, and neither section prohibits a 1-19 peace officer or special investigator from carrying a weapon in 1-20 this state, including in an establishment in this state serving the 1-21 public, regardless of whether the peace officer or special 1-22 investigator is engaged in the actual discharge of the officer's or 1-23 investigator's duties while carrying the weapon; 1-24 (2) parole officers and neither section prohibits an 1-25 officer from carrying a weapon in this state if the officer is: 1-26 (A) engaged in the actual discharge of the 1-27 officer's duties while carrying the weapon; and 1-28 (B) in compliance with policies and procedures 1-29 adopted by the Texas Department of Criminal Justice regarding the 1-30 possession of a weapon by an officer while on duty; 1-31 (3) community supervision and corrections department 1-32 officers appointed or employed under Section 76.004, Government 1-33 Code, and neither section prohibits an officer from carrying a 1-34 weapon in this state if the officer is: 1-35 (A) engaged in the actual discharge of the 1-36 officer's duties while carrying the weapon; and 1-37 (B) authorized to carry a weapon under Section 1-38 76.0051, Government Code; or 1-39 (4) a judge or justice of the supreme court, the court 1-40 of criminal appeals, a court of appeals, a district court, a 1-41 criminal district court, a constitutional county court, a statutory 1-42 county court, a justice court, or a municipal court who is licensed 1-43 to carry a concealed handgun under Subchapter H, Chapter 411, 1-44 Government Code. 1-45 SECTION 2. This Act takes effect immediately if it receives 1-46 a vote of at least two-thirds of all members elected to each house, 1-47 as provided by Section 39, Article III, Texas Constitution. If 1-48 this Act does not receive the vote necessary for immediate effect, 1-49 then this Act takes effect September 1, 2001. 1-50 * * * * *