|
SENATE ENGROSSED
|
HOUSE COMMITTEE
SUBSTITUTE
|
|
SECTION 1. Section
411.179(c), Government Code, is amended to read as follows:
(c) In adopting the form of
the license under Subsection (a), the department shall establish a
procedure for the license of a qualified handgun instructor or of a judge,
justice, United States attorney, assistant United States attorney,
prosecuting attorney, or assistant prosecuting attorney, as described by
Section 46.15(a)(4), [or] (6), or (7), Penal Code, to
indicate on the license the license holder's status as a qualified handgun
instructor or as a judge, justice, United States attorney, assistant
United States attorney, district attorney, criminal district attorney,
or county attorney. In establishing the procedure, the department shall
require sufficient documentary evidence to establish the license holder's
status under this subsection.
|
SECTION 1. Section
411.179(c), Government Code, is amended to read as follows:
(c) In adopting the form of
the license under Subsection (a), the department shall establish a
procedure for the license of a qualified handgun instructor or of the attorney general or a judge,
justice, United States attorney, assistant United States attorney, assistant attorney general,
prosecuting attorney, or assistant prosecuting attorney, as described by
Section 46.15(a)(4), [or] (6), or (7), Penal Code, to
indicate on the license the license holder's status as a qualified handgun
instructor or as the attorney general
or a judge, justice, United States attorney, assistant United
States attorney, assistant attorney
general, district attorney, criminal district attorney, or
county attorney. In establishing the procedure, the department shall
require sufficient documentary evidence to establish the license holder's
status under this subsection.
|
|
SECTION 2. Section
411.1882(a), Government Code, is amended to read as follows:
(a) A person who is serving
in this state as a judge or justice of a federal court, as an active
judicial officer as defined by Section 411.201, as a United States
attorney, assistant United States attorney, district attorney, assistant
district attorney, criminal district attorney, assistant criminal district
attorney, county attorney, or assistant county attorney, as a supervision
officer as defined by [Section 2,] Article 42A.001 [42.12],
Code of Criminal Procedure, or as a juvenile probation officer may
establish handgun proficiency for the purposes of this subchapter by
obtaining from a handgun proficiency instructor approved by the Texas
Commission on Law Enforcement for purposes of Section 1702.1675,
Occupations Code, a sworn statement that indicates that the person, during
the 12-month period preceding the date of the person's application to the
department, demonstrated to the instructor proficiency in the use of
handguns.
|
SECTION 2. Section
411.1882(a), Government Code, is amended to read as follows:
(a) A person who is serving
in this state as the attorney general
or as a judge or justice of a federal court, as an active
judicial officer as defined by Section 411.201, as a United States
attorney, assistant United States attorney, assistant
attorney general, district attorney, assistant district
attorney, criminal district attorney, assistant criminal district attorney,
county attorney, or assistant county attorney, as a supervision officer as
defined by [Section 2,] Article 42A.001 [42.12], Code
of Criminal Procedure, or as a juvenile probation officer may establish
handgun proficiency for the purposes of this subchapter by obtaining from a
handgun proficiency instructor approved by the Texas Commission on Law
Enforcement for purposes of Section 1702.1675, Occupations Code, a sworn
statement that indicates that the person, during the 12-month period
preceding the date of the person's application to the department,
demonstrated to the instructor proficiency in the use of handguns.
|
|
SECTION 3. Section
411.201(h), Government Code, is amended.
|
SECTION 3. Same as engrossed
version.
|
|
SECTION 4. 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), (5), and (6)
[(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 United States
attorney, assistant United States attorney, district attorney,
assistant district attorney, criminal district attorney, assistant criminal
district attorney, county attorney, or assistant county attorney.
|
SECTION 4. 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), (5), and (6)
[(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) the attorney general or a United
States attorney, assistant United States attorney, assistant attorney general, district attorney,
assistant district attorney, criminal district attorney, assistant criminal
district attorney, county attorney, or assistant county attorney.
|
|
SECTION 5. 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 handgun under Subchapter H, Chapter 411, Government Code;
(5) an honorably retired
peace officer, qualified retired law enforcement officer, federal criminal
investigator, or former reserve law enforcement officer who holds a
certificate of proficiency issued under Section 1701.357, Occupations Code,
and is carrying a photo identification that is issued by a federal, state,
or local law enforcement agency, as applicable, and that verifies that the
officer is:
(A) an honorably retired
peace officer;
(B) a qualified retired law
enforcement officer;
(C) a federal criminal
investigator; or
(D) a former reserve law
enforcement officer who has served in that capacity not less than a total
of 15 years with one or more state or local law enforcement agencies;
(6) a United States
attorney, district attorney, criminal district attorney, county
attorney, or municipal attorney who is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
(7) an assistant United
States attorney, assistant district attorney, assistant criminal
district attorney, or assistant county attorney who is licensed to carry a
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
handgun under Subchapter H, 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.
|
SECTION 5. 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 handgun under Subchapter H, Chapter 411, Government Code;
(5) an honorably retired
peace officer, qualified retired law enforcement officer, federal criminal
investigator, or former reserve law enforcement officer who holds a
certificate of proficiency issued under Section 1701.357, Occupations Code,
and is carrying a photo identification that is issued by a federal, state,
or local law enforcement agency, as applicable, and that verifies that the
officer is:
(A) an honorably retired
peace officer;
(B) a qualified retired law
enforcement officer;
(C) a federal criminal
investigator; or
(D) a former reserve law
enforcement officer who has served in that capacity not less than a total
of 15 years with one or more state or local law enforcement agencies;
(6) the attorney general or a United
States attorney, district attorney, criminal district attorney, county
attorney, or municipal attorney who is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
(7) an assistant United
States attorney, assistant attorney
general, assistant district attorney, assistant criminal
district attorney, or assistant county attorney who is licensed to carry a
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
handgun under Subchapter H, 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.
|
|
SECTION 6. (a) To the
extent of any conflict, this Act prevails over another Act of the 85th
Legislature, Regular Session, 2017, relating to nonsubstantive additions to
and corrections in enacted codes.
(b) The change in law made by
this Act in amending Sections 46.035 and 46.15, Penal Code, 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 was committed before that date.
|
SECTION 6. Same as engrossed
version.
|
|
SECTION 7. This Act takes
effect September 1, 2017.
|
SECTION 7. Same as engrossed
version.
|
|