By: Van de Putte S.B. No. 103
A BILL TO BE ENTITLED
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. Subsection (a), Section 46.15, Penal Code, is
amended to read as follows:
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers, including commissioned peace
officers of another state that allows peace officers commissioned
in Texas to carry weapons in the other 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.
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.