82R1631 GCB-F

By: Hughes H.B. No. 857

A BILL TO BE ENTITLED

AN ACT

relating to exempting certain judicial officers from certain

requirements for obtaining or renewing a concealed handgun license

and to the authority of certain judicial officers to carry certain

weapons.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 411.201(a)(1), Government Code, is

amended to read as follows:

(1) "Active judicial officer" means:

(A) a person serving as a judge or justice of the

supreme court, the court of criminal appeals, a court of appeals, a

district court, a criminal district court, a constitutional county

court, a statutory county court, a justice court, or a municipal

court; [or]

(B) a federal judge who is a resident of this

state; or

(C) a person appointed and serving as an

associate judge under Chapter 201, Family Code.

SECTION 2. Section 46.15(a), Penal Code, is amended to read

as follows:

(a) Sections 46.02 and 46.03 do not apply to:

(1) peace officers or special investigators under

Article 2.122, Code of Criminal Procedure, and neither section

prohibits a peace officer or special investigator from carrying a

weapon in this state, including in an establishment in this state

serving the public, regardless of whether the peace officer or

special investigator is engaged in the actual discharge of the

officer's or investigator's duties while carrying the weapon;

(2) parole officers and neither section prohibits an

officer from carrying a weapon in this state if the officer is:

(A) engaged in the actual discharge of the

officer's duties while carrying the weapon; and

(B) in compliance with policies and procedures

adopted by the Texas Department of Criminal Justice regarding the

possession of a weapon by an officer while on duty;

(3) community supervision and corrections department

officers appointed or employed under Section 76.004, Government

Code, and neither section prohibits an officer from carrying a

weapon in this state if the officer is:

(A) engaged in the actual discharge of the

officer's duties while carrying the weapon; and

(B) authorized to carry a weapon under Section

76.0051, Government Code;

(4) an active judicial officer as defined by Section

411.201, Government Code, [a judge or justice of a federal court,

the supreme court, the court of criminal appeals, a court of

appeals, a district court, a criminal district court, a

constitutional county court, a statutory county court, a justice

court, or a municipal court] who is licensed to carry a concealed

handgun under Subchapter H, Chapter 411, Government Code;

(5) an honorably retired peace officer or federal

criminal investigator who holds a certificate of proficiency issued

under Section 1701.357, Occupations Code, and is carrying a photo

identification that:

(A) verifies that the officer honorably retired

after not less than 15 years of service as a commissioned officer;

and

(B) is issued by a state or local law enforcement

agency;

(6) a district attorney, criminal district attorney,

county attorney, or municipal attorney who is licensed to carry a

concealed handgun under Subchapter H, Chapter 411, Government Code;

(7) an assistant district attorney, assistant

criminal district attorney, or assistant county attorney who is

licensed to carry a concealed handgun under Subchapter H, Chapter

411, Government Code;

(8) a bailiff designated by an active judicial officer

as defined by Section 411.201, Government Code, who is:

(A) licensed to carry a concealed handgun under

Chapter 411, Government Code; and

(B) engaged in escorting the judicial officer; or

(9) a juvenile probation officer who is authorized to

carry a firearm under Section 142.006, Human Resources Code.

SECTION 3. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

covered by the law in effect when the offense was committed, and the

former law is continued in effect for that purpose. For purposes of

this section, an offense was committed before the effective date of

this Act if any element of the offense occurred before that date.

SECTION 4. This Act takes effect September 1, 2011.