The bill would amend the Penal Code to exempt elected officials from the offenses of unlawful carrying of a handgun by a license holder, carrying a weapon in places that are prohibited, and unlawfully carrying a weapon.  Under current law those offenses are punishable by a Class A misdemeanor or a third degree felony, depending upon the circumstances.  The bill also amends the Government Code to require the Department of Public Safety to establish a license for an elected official to carry a concealed handgun.

A Class A misdemeanor is punishable by confinement in jail for a term not to exceed one year and in addition to confinement, and optional fine to exceed $4,000.  A third-degree felony is punishable by confinement in prison for a term of two to ten years and, in addition to confinement, an optional fine not to exceed $10,000.  The impact of the bill on correctional populations would depend on how many fewer persons would be prosecuted under the proposed statute compared to existing statute.   Although data do not exist that would enable identification of which of the offenses affected by the bill involved the persons exempted from prosecution under the bill, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources. 

In fiscal year 2012, there were 508 felony arrests, 969 placements on community supervision, and 32 admissions to prison for the offense of unlawfully carrying a weapon.  In fiscal year 2012, there were 626 felony arrests, 40 placements on community supervision, and 12 admissions to prison for carrying a weapon in places that are prohibited.  In fiscal year 2012, there were 21 felony arrests, 21 placements on community supervision, and less than ten admissions for the offense of unlawful carrying of a handgun by a license holder.