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A BILL TO BE ENTITLED
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AN ACT
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relating to exempting certain judicial officers from certain |
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requirements for obtaining or renewing a concealed handgun license |
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and to the authority of certain judicial officers 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(a)(1), Government Code, is |
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amended to read as follows: |
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(1) "Active judicial officer" means: |
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(A) a person serving as a judge or justice of the |
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supreme court, the court of criminal appeals, a court of appeals, a |
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district court, a criminal district court, a constitutional county |
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court, a statutory county court, a justice court, or a municipal |
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court; [or] |
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(B) a federal judge who is a resident of this |
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state; or |
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(C) a person appointed and serving as an |
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associate judge under Chapter 201, Family Code. |
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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) an active judicial officer as defined by Section |
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411.201, Government Code, [a judge or justice of a federal court,
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the supreme court, the court of criminal appeals, a court of
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appeals, a district court, a criminal district court, a
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constitutional county court, a statutory county court, a justice
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court, or a municipal court] who is licensed to carry a concealed |
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handgun under Subchapter H, Chapter 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 district attorney, criminal district attorney, |
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county attorney, or municipal attorney who is licensed to carry a |
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concealed handgun under Subchapter H, Chapter 411, Government Code; |
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[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 applies only to an |
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offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is covered |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |