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                                  * * * * *