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.