83R9668 JSC-F

By: Lavender H.B. No. 3420

A BILL TO BE ENTITLED

AN ACT

relating to the carrying of firearms by certain off-duty employees of the Texas Department of Criminal Justice and the carrying of a handgun by a license holder in certain locations; authorizing a fee.

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

SECTION 1. Chapter 494, Government Code, is amended by adding Section 494.013 to read as follows:

Sec. 494.013. STAFF FIREARMS PROFICIENCY. (a) The department annually shall offer an educational program for department employees required to handle firearms while on duty that provides training and proficiency qualification for the carrying of a firearm by an employee when the employee is not on duty. The department shall issue a certificate of proficiency to an employee who successfully completes the program.

(b) An employee participating in the educational program:

(1) shall supply the firearm holster and any ammunition to be used in the program; and

(2) may be required to pay a fee of not more than $30 as determined by the department for participation in the program and the issuance of the certificate of proficiency.

(c) The department shall permit an employee to whom a certificate of proficiency is issued under this section to store the employee's firearm in a locked box in the employee's personal vehicle while the vehicle is in a parking garage, parking lot, or other parking area operated by the department for employees.

(d) The department may adopt rules and procedures as necessary for the administration of this section, including rules and procedures for the suspension or revocation of a certificate issued under this section.

(e) This section does not create or authorize a cause of action against the department for any misuse of or accidents relating to the use or storage of a firearm by an employee who is not on duty.

SECTION 2. Sections 46.035(b) and (i), Penal Code, are amended to read as follows:

(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:

(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;

(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

(3) on the premises of a correctional facility;

(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate; or

(5) in an amusement park[; or

[(6) on the premises of a church, synagogue, or other established place of religious worship].

(i) Subsections (b)(4), (b)(5), [(b)(6),] and (c) do not apply if the actor was not given effective notice under Section 30.06.

SECTION 3. 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), (4), and (5) [(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.

SECTION 4. 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, 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; or

(10) an employee of the Texas Department of Criminal Justice who holds a certificate of proficiency issued under Section 494.013, Government Code.

SECTION 5. Not later than January 1, 2014, the Texas Department of Criminal Justice shall develop and begin implementation of the educational program described by Section 494.013, Government Code, as added by this Act.

SECTION 6. 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 7. This Act takes effect September 1, 2013.