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A BILL TO BE ENTITLED
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AN ACT
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relating to the places where an elected official who is licensed to |
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carry a concealed handgun may carry a concealed handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.035(f), Penal Code, is amended by |
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adding Subdivision (1-a) to read as follows: |
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(1-a) "Elected official" means any person holding |
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office pursuant to an election governed by the Election Code. |
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SECTION 2. Section 46.035(h-1), Penal Code, as added by |
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Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular |
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Session, 2007, is redesignated as Section 46.035(h-2), Penal Code, |
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and amended to read as follows: |
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(h-2) [(h-1)] It is a defense to prosecution under |
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Subsections (b) and (c) that the actor, at the time of the |
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commission of the offense, was: |
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(1) an active judicial officer, as defined by Section |
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411.201, Government Code; [or] |
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(2) a bailiff designated by the active judicial |
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officer and engaged in escorting the officer; or |
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(3) an elected official. |
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SECTION 3. Section 46.15(a), Penal Code, is amended to read |
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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, 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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(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; |
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(8) a bailiff designated by an active judicial officer |
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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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Subchapter H, Chapter 411, Government Code; and |
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(B) engaged in escorting the judicial officer; |
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[or] |
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(9) a juvenile probation officer who is authorized to |
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carry a firearm under Section 142.006, Human Resources Code; or |
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(10) an elected official, as defined by Section |
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46.035(f), who is licensed to carry a concealed handgun under |
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Subchapter H, Chapter 411, Government Code. |
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SECTION 4. Section 411.179(c), Government Code, is amended |
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to read as follows: |
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(c) In adopting the form of the license under Subsection |
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(a), the department shall establish a procedure for the license of a |
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qualified handgun instructor or of an active judicial officer [a
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judge, justice], prosecuting attorney, [or] assistant prosecuting |
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attorney, or elected official, as described by Section 46.15(a)(4), |
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[or] (6), (7), or (10), Penal Code, to indicate on the license the |
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license holder's status as a qualified handgun instructor or as an |
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active judicial officer [a judge, justice], district attorney, |
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criminal district attorney, [or] county attorney, or elected |
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official. In establishing the procedure, the department shall |
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require sufficient documentary evidence to establish the license |
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holder's status under this subsection. |
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SECTION 5. 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 when the offense was committed, and |
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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 6. This Act takes effect September 1, 2013. |