Amend CSSB 1952 by adding an appropriately numbered ARTICLE
to read as follows and renumbering existing articles accordingly:
ARTICLE ____. CARRYING OF WEAPONS BY CERTAIN
OFFICERS AND INVESTIGATORS
SECTION ____.01. Section 46.15, Penal Code, is amended by
amending Subsection (a) and adding Subsection (g) to read as
follows:
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers, including commissioned peace
officers of a recognized state, or special investigators under
Article 2.122, Code of Criminal Procedure, and neither section
prohibits a peace officer or special investigator from carrying a
weapon in this state, including in an establishment in this state
serving the public, regardless of whether the peace officer or
special investigator is engaged in the actual discharge of the
officer's or investigator's duties while carrying the weapon;
(2) parole officers and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code; or
(4) a judge or justice of the supreme court, the court
of criminal appeals, a court of appeals, a district court, a
criminal district court, a constitutional county court, a statutory
county court, a justice court, or a municipal court who is licensed
to carry a concealed handgun under Subchapter H, Chapter 411,
Government Code.
(g) In this section, "recognized state" means another state
with which the attorney general of this state, with the approval of
the governor of this state, negotiated an agreement after
determining that the other state:
(1) has firearm proficiency requirements for peace
officers; and
(2) fully recognizes the right of peace officers
commissioned in this state to carry weapons in the other state.
SECTION ____.02. The change in law made by this article
applies only to an offense committed on or after September 1, 2003.
An offense committed before September 1, 2003, is covered by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before September 1, 2003, if any element
of the offense was committed before that date.