85R3210 LHC-D
 
  By: Simmons H.B. No. 514
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of certain personal protection officers
  to carry certain weapons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 46.15(a) and (b), Penal Code, are
  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 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 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; or
               (10)  a person who acts as a personal protection
  officer and carries the person's security officer commission and
  personal protection officer endorsement, if the person:
                     (A)  is engaged in the performance of the person's
  duties as a personal protection officer under Chapter 1702,
  Occupations Code, or is traveling to or from the person's place of
  assignment; and
                     (B)  is either:
                           (i)  wearing the uniform of a security
  officer, including any uniform or apparel described by Section
  1702.323(d), Occupations Code, and carrying the officer's weapon in
  plain view; or
                           (ii)  not wearing the uniform of a security
  officer and carrying the officer's weapon in a concealed manner.
         (b)  Section 46.02 does not apply to a person who:
               (1)  is in the actual discharge of official duties as a
  member of the armed forces or state military forces as defined by
  Section 437.001, Government Code, or as a guard employed by a penal
  institution;
               (2)  is traveling;
               (3)  is engaging in lawful hunting, fishing, or other
  sporting activity on the immediate premises where the activity is
  conducted, or is en route between the premises and the actor's
  residence, motor vehicle, or watercraft, if the weapon is a type
  commonly used in the activity;
               (4)  holds a security officer commission issued by the
  Texas Private Security Board, if the person is engaged in the
  performance of the person's duties as an officer commissioned under
  Chapter 1702, Occupations Code, or is traveling to or from the
  person's place of assignment and is wearing the officer's uniform
  and carrying the officer's weapon in plain view;
               (5)  [acts as a personal protection officer and carries
  the person's security officer commission and personal protection
  officer authorization, if the person:
                     [(A)     is engaged in the performance of the
  person's duties as a personal protection officer under Chapter
  1702, Occupations Code, or is traveling to or from the person's
  place of assignment; and
                     [(B)  is either:
                           [(i)     wearing the uniform of a security
  officer, including any uniform or apparel described by Section
  1702.323(d), Occupations Code, and carrying the officer's weapon in
  plain view; or
                           [(ii)     not wearing the uniform of a security
  officer and carrying the officer's weapon in a concealed manner;
               [(6)]  is carrying:
                     (A)  a license issued under Subchapter H, Chapter
  411, Government Code, to carry a handgun; and
                     (B)  a handgun:
                           (i)  in a concealed manner; or
                           (ii)  in a shoulder or belt holster;
               (6) [(7)]  holds an alcoholic beverage permit or
  license or is an employee of a holder of an alcoholic beverage
  permit or license if the person is supervising the operation of the
  permitted or licensed premises; or
               (7) [(8)]  is a student in a law enforcement class
  engaging in an activity required as part of the class, if the weapon
  is a type commonly used in the activity and the person is:
                     (A)  on the immediate premises where the activity
  is conducted; or
                     (B)  en route between those premises and the
  person's residence and is carrying the weapon unloaded.
         SECTION 2.  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 3.  This Act takes effect September 1, 2017.