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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying of weapons by certain judges and justices |
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and district and county attorneys. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.179, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) In adopting the form of the license under Subsection |
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(a), the department shall establish a procedure for the license of a |
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judge, justice, district attorney, criminal district attorney, or |
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county attorney described by Section 46.15(a)(4) or (6), Penal |
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Code, to indicate on the license the license holder's status as a |
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judge, justice, district attorney, criminal district attorney, or |
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county attorney. In establishing the procedure, the department |
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shall require sufficient documentary evidence to establish the |
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license holder's status under this subsection. |
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SECTION 2. Sections 411.181(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) If a person who is a current license holder moves from |
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the address stated on the license, [or] if the name of the person is |
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changed by marriage or otherwise, or if the person's status as a |
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judge, justice, district attorney, criminal district attorney, or |
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county attorney becomes inapplicable for purposes of Section |
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411.179(c), the person shall, not later than the 30th day after the |
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date of the address, [or] name, or status change, notify the |
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department and provide the department with the number of the |
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person's license and, as applicable, the person's: |
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(1) former and new addresses; or |
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(2) former and new names. |
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(b) If the name of the license holder is changed by marriage |
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or otherwise, or if the person's status becomes inapplicable as |
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described by Subsection (a), the person shall apply for a duplicate |
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license. The duplicate license must reflect the person's current |
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name and status. |
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SECTION 3. Section 46.035, Penal Code, is amended by adding |
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Subsection (h-1) to read as follows: |
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(h-1) It is an exception to the application of Subsections |
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(b)(1), (2), and (4)-(6), (c), and (d) that at the time of the |
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commission of the offense, the actor was: |
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(1) a judge or justice of a federal court; |
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(2) an active judicial officer, as defined by Section |
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411.201, Government Code; or |
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(3) a district attorney, criminal district attorney, |
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or county attorney. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |