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A BILL TO BE ENTITLED
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AN ACT
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relating to the application of certain concealed handgun license |
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laws to United States attorneys and assistant United States |
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attorneys and to the authority of United States attorneys and |
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assistant United States attorneys to carry certain weapons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.179(c), Government Code, as added by |
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Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended 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, United States attorney, assistant United States |
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attorney, prosecuting attorney, or assistant prosecuting attorney, |
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as described by Section 46.15(a)(4), [or] (6), or (7), Penal Code, |
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to indicate on the license the license holder's status as a judge, |
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justice, United States attorney, assistant United States attorney, |
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district attorney, criminal district attorney, or county attorney. |
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In establishing the procedure, the department shall require |
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sufficient documentary evidence to establish the license holder's |
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status under this subsection. |
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SECTION 2. Sections 411.181(a) and (b), Government Code, as |
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amended by Chapters 594 (H.B. 41) and 1222 (H.B. 2300), Acts of the |
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80th Legislature, Regular Session, 2007, are reenacted and amended |
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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 to a new residence address, if the |
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name of the person is changed by marriage or otherwise, or if the |
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person's status [as a judge, justice, district attorney,
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prosecuting attorney, or assistant prosecuting attorney, as a
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federal judge, a state judge, or the spouse of a federal judge or
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state judge,] becomes inapplicable for purposes of the information |
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required to be displayed on the license under Section 411.179 |
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[411.179(c)], the person shall, not later than the 30th day after |
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the date of the address, 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; or |
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(3) former and new status. |
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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 [as a federal judge or state
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judge, or the spouse of a federal judge or state judge] becomes |
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inapplicable as described by Subsection (a), the person shall apply |
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for a duplicate license. The duplicate license must reflect |
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[include] the person's current name, residence address, and status. |
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SECTION 3. Section 411.1882(a), Government Code, is amended |
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to read as follows: |
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(a) Notwithstanding any other provision of this subchapter, |
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a person may not be required to submit to the department a handgun |
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proficiency certificate to obtain or renew a concealed handgun |
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license issued under this subchapter if: |
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(1) the person is currently serving in this state as: |
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(A) a judge or justice of a federal court; |
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(B) an active judicial officer, as defined by |
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Section 411.201, Government Code; or |
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(C) a United States attorney, assistant United |
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States attorney, district attorney, assistant district attorney, |
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criminal district attorney, assistant criminal district attorney, |
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county attorney, or assistant county attorney; and |
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(2) a handgun proficiency instructor approved by the |
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Commission on Law Enforcement Officer Standards and Education for |
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purposes of Section 1702.1675, Occupations Code, makes a sworn |
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statement indicating that the person demonstrated proficiency to |
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the instructor in the use of handguns during the 12-month period |
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preceding the date of the person's application to the department |
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and designating the types of handguns with which the person |
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demonstrated proficiency. |
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SECTION 4. Section 411.201(h), Government Code, is amended |
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to read as follows: |
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(h) The department shall issue a license to carry a |
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concealed handgun under the authority of this subchapter to a |
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United States attorney or an assistant United States attorney or to |
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an elected attorney representing the state or the federal |
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government in the prosecution of felony cases who meets the |
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requirements of this section for an active judicial officer. The |
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department shall waive any fee required for the issuance of an |
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original, duplicate, or renewed license under this subchapter for |
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an applicant who is a United States attorney or an assistant United |
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States attorney or who is an attorney elected or employed to |
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represent the state or the federal government in the prosecution of |
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felony cases. |
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SECTION 5. Section 46.035(h-1), Penal Code, as added by |
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Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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(h-1) It is a defense to prosecution under Subsections |
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(b)(1), (2), and (4)-(6), and (c) that at the time of the commission |
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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 United States attorney, assistant United States |
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attorney, district attorney, assistant district attorney, criminal |
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district attorney, assistant criminal district attorney, county |
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attorney, or assistant county attorney. |
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SECTION 6. Section 46.15(a), Penal Code, as amended by |
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Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th |
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Legislature, Regular Session, 2007, is reenacted and amended to |
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read 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; |
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(6) a United States attorney, district attorney, |
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criminal district attorney, county attorney, or municipal attorney |
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who is licensed to carry a concealed handgun under Subchapter H, |
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Chapter 411, Government Code; [or] |
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(7) an assistant United States attorney, assistant |
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district attorney, assistant criminal district attorney, or |
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assistant county attorney who is licensed to carry a concealed |
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handgun under Subchapter H, Chapter 411, Government Code; or |
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(8) [(7)] a bailiff designated by an active judicial |
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officer as defined by Section 411.201, Government Code, who is: |
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(A) licensed to carry a concealed handgun under |
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Chapter 411, Government Code; and |
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(B) engaged in escorting the judicial officer. |
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SECTION 7. (a) To the extent of any conflict, this Act |
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prevails over another Act of the 81st Legislature, Regular Session, |
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2009, relating to nonsubstantive additions to and corrections in |
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enacted codes. |
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(b) The change in law made by this Act in amending Section |
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46.15(a), Penal Code, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is covered by the law in effect when |
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the offense was committed, and the former law is continued in effect |
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for that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense was committed before that date. |
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SECTION 8. This Act takes effect September 1, 2009. |