By: Patrick, et al.  S.B. No. 905
         (In the Senate - Filed February 23, 2011; March 8, 2011,
  read first time and referred to Committee on Criminal Justice;
  April 18, 2011, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 1; April 18, 2011,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 905 By:  Hinojosa
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the application of certain concealed handgun license
  laws to statewide elected officials, certain current and former
  members of the legislature, and certain federal and state
  employees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (h-1), Section 46.035, 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 United States attorney or an assistant United
  States attorney;
               (5)  a statewide elected official;
               (6)  a member of the legislature; or
               (7)  a noncommissioned employee of the Department of
  Public Safety, designated by the director of the department.
         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.
 
  * * * * *