By:  Eltife                                                       S.B. No. 834


A BILL TO BE ENTITLED

AN ACT

relating to the applicability of certain weapons laws to certain 
prosecutors licensed to carry a concealed handgun.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Amend Section 46.15, Penal Code, by amending 
Subsections (4) and (5) and adding Subsection (6) to read as 
follows:
	Sec. 46.15.  NONAPPLICABILITY.  (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;  
		(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; [or]
		(5)  an honorably retired peace officer or federal 
criminal investigator who holds a certificate of proficiency issued 
under Section 1701.357, Occupations Code, and is carrying a photo 
identification that[:]
			(A)  verifies that the officer honorably retired 
after not less than 20 years of service as a commissioned officer; 
and
			(B)  is issued by the agency from which the peace 
officer retired or, for a federal criminal investigator, by a state 
law enforcement agency[.] or
		(6)  a district attorney, criminal district attorney, 
or county attorney 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 on the 91st day after the last day of the 
legislative session.