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A BILL TO BE ENTITLED
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AN ACT
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relating to exempting United States attorneys from certain |
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requirements for obtaining or renewing a concealed handgun license |
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and to the authority of United States attorneys to carry certain |
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weapons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 to an elected attorney representing the |
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state in the prosecution of felony cases who meets the requirements |
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of this section for an active judicial officer. The department |
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shall waive any fee required for the issuance of an original, |
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duplicate, or renewed license under this subchapter for an |
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applicant who is a United States attorney or who is an attorney |
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elected or employed to represent the state in the prosecution of |
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felony cases. |
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SECTION 2. 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 district attorney, assistant |
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criminal district attorney, or assistant county attorney who is |
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licensed to carry a concealed handgun under Subchapter H, Chapter |
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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 3. (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 4. This Act takes effect September 1, 2009. |