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A BILL TO BE ENTITLED
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AN ACT
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relating to allowing certain assistant district and county |
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attorneys to carry weapons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.15(a), Penal Code, is amended to read |
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as follows: |
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(a) Sections 46.02 and 46.03 do not apply to: |
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(1) peace officers or special investigators under |
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Article 2.122, Code of Criminal Procedure, and neither section |
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prohibits a peace officer or special investigator from carrying a |
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weapon in this state, including in an establishment in this state |
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serving the public, regardless of whether the peace officer or |
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special investigator is engaged in the actual discharge of the |
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officer's or investigator's duties while carrying the weapon; |
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(2) parole officers and neither section prohibits an |
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officer from carrying a weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) in compliance with policies and procedures |
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adopted by the Texas Department of Criminal Justice regarding the |
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possession of a weapon by an officer while on duty; |
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(3) community supervision and corrections department |
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officers appointed or employed under Section 76.004, Government |
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Code, and neither section prohibits an officer from carrying a |
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weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) authorized to carry a weapon under Section |
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76.0051, Government Code; |
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(4) a judge or justice of a federal court, the supreme |
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court, the court of criminal appeals, a court of appeals, a district |
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court, a criminal district court, a constitutional county court, a |
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statutory county court, a justice court, or a municipal court who is |
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licensed to carry a concealed handgun under Subchapter H, Chapter |
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411, Government Code; |
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(5) an honorably retired peace officer or federal |
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criminal investigator who holds a certificate of proficiency issued |
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under Section 1701.357, Occupations Code, and is carrying a photo |
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identification that: |
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(A) verifies that the officer honorably retired |
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after not less than 15 years of service as a commissioned officer; |
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and |
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(B) is issued by a state or local law enforcement |
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agency; or |
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(6) a district attorney, assistant district attorney, |
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criminal district attorney, assistant criminal district attorney, |
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[or] county attorney, or assistant county attorney who is licensed |
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to carry a concealed handgun under Subchapter H, Chapter 411, |
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Government Code. |
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SECTION 2. This Act applies only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is covered by the law in |
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effect at the time the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense was committed before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |