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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 statewide elected officials, certain current and former |
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members of the legislature, and certain federal and state |
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employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (h-1), Section 46.035, Penal Code, as |
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added by Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, |
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Regular 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 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; |
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(4) a United States attorney or an assistant United |
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States attorney; |
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(5) a statewide elected official; |
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(6) a member of the legislature; or |
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(7) a noncommissioned employee of the Department of |
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Public Safety, designated by the director of the department. |
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SECTION 2. Section 46.035, Penal Code, is amended by adding |
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Subsection (h-2) to read as follows: |
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(h-2) 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 a person who on September 1, 2011, was |
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serving as a member of the legislature and possessed a concealed |
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handgun license under Subchapter H, Chapter 411, Government Code, |
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if the person is no longer a member at the time of the offense and if |
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the license has not yet been subject to renewal since the person |
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ceased to be a member. This subsection expires on September 1, |
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2020. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |