86R778 JSC-F
 
  By: Murr H.B. No. 2051
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the carrying or possession of a handgun by a retired
  judicial officer and certain other governmental officials.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 46.035(h-1), Penal Code, as added by
  Chapter 1214 (H.B. 1889), 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)
  and (c) that the actor, at the time of the commission of the
  offense, was:
               (1)  an active or retired judicial officer, as defined
  by Section 411.201, Government Code; [or]
               (2)  a bailiff designated by an [the] active judicial
  officer and engaged in escorting the officer;
               (3)  a judge or justice of a federal court; or
               (4)  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 2.  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 or retired 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;
               (9)  a juvenile probation officer who is authorized to
  carry a firearm under Section 142.006, Human Resources Code; or
               (10)  a person who is volunteer emergency services
  personnel if the person is:
                     (A)  carrying a handgun under the authority of
  Subchapter H, Chapter 411, Government Code; and
                     (B)  engaged in providing emergency services.
         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 repealed.
         SECTION 4.  The changes in law made by this Act apply 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 when 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 5.  This Act takes effect September 1, 2019.