S.B. No. 103




AN ACT

relating to the carrying of weapons by peace officers and by special 
investigators.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 103 passed the Senate on 
April 3, 2003, by the following vote:  Yeas 31, Nays 0; 
May 30, 2003, Senate refused to concur in House amendment and 
requested appointment of Conference Committee; May 30, 2003, House 
granted request of the Senate; June 1, 2003, Senate adopted 
Conference Committee Report by the following vote:  Yeas 31, 
Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 103 passed the House, with 
amendment, on May 28, 2003, by the following vote:  Yeas 144, 
Nays 0, two present not voting; May 30, 2003, House granted request 
of the Senate for appointment of Conference Committee; 
June 1, 2003, House adopted Conference Committee Report by the 
following vote:  Yeas 141, Nays 0, two present not voting.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
           Date



______________________________ 
          Governor