82R5805 AJZ-D
 
  By: Kleinschmidt H.B. No. 1463
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the application of certain concealed handgun license
  laws to statewide elected officials and certain current and former
  members of the legislature.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 46.035(h-1), Penal Code, as added by
  Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
  Session, 2007, is amended to read as follows:
         (h-1)  It is a defense to prosecution under Subsections
  (b)(1), (2), and (4)-(6), and (c) that at the time of the commission
  of the offense, the actor was:
               (1)  a judge or justice of a federal court;
               (2)  an active judicial officer, as defined by Section
  411.201, Government Code; [or]
               (3)  a district attorney, assistant district attorney,
  criminal district attorney, assistant criminal district attorney,
  county attorney, or assistant county attorney;
               (4)  a statewide elected official; or
               (5)  a member of the legislature.
         SECTION 2.  Section 46.035, Penal Code, is amended by adding
  Subsection (h-2) to read as follows:
         (h-2)  It is a defense to prosecution under Subsections
  (b)(1), (2), and (4)-(6), and (c) that at the time of the commission
  of the offense, the actor was a person who, on September 1, 2011,
  was serving as a member of the legislature and possessed a concealed
  handgun license under Subchapter H, Chapter 411, Government Code,
  if the person is no longer a member at the time of the offense and if
  the license has not yet been subject to renewal since the person
  ceased to be a member.  This subsection expires on September 1,
  2020.
         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
  governed by the law in effect on the date 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.