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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying or possession of a handgun by peace |
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officers, special investigators, certain retired law enforcement |
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officers, municipal attorneys, and assistant municipal attorneys |
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and the issuance of handgun licenses to municipal attorneys and |
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assistant municipal attorneys. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.1882(a), Government Code, is amended |
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to read as follows: |
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(a) A person who is serving in this state as the attorney |
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general or as a judge or justice of a federal court, as an active |
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judicial officer as defined by Section 411.201, as a United States |
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attorney, assistant United States attorney, assistant attorney |
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general, district attorney, assistant district attorney, criminal |
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district attorney, assistant criminal district attorney, county |
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attorney, [or] assistant county attorney, municipal attorney, or |
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assistant municipal attorney, as a supervision officer as defined |
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by Article 42A.001, Code of Criminal Procedure, or as a juvenile |
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probation officer may establish handgun proficiency for the |
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purposes of this subchapter by obtaining from a handgun proficiency |
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instructor approved by the Texas Commission on Law Enforcement for |
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purposes of Section 1702.1675, Occupations Code, a sworn statement |
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that indicates that the person, during the 12-month period |
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preceding the date of the person's application to the department, |
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demonstrated to the instructor proficiency in the use of handguns. |
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SECTION 2. Section 46.15, Penal Code, is amended by |
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amending Subsection (a) and adding Subsection (m) to read as |
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follows: |
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(a) Sections 46.02 and 46.03 do not apply to: |
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(1) peace officers or special investigators under |
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Article 2.122, Code of Criminal Procedure, and neither section |
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prohibits a peace officer or special investigator from carrying a |
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weapon in this state, including in an establishment in this state |
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serving the public, regardless of whether the peace officer or |
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special investigator is engaged in the actual discharge of the |
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officer's or investigator's duties while carrying the weapon; |
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(2) parole officers, and neither section prohibits an |
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officer from carrying a weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) in compliance with policies and procedures |
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adopted by the Texas Department of Criminal Justice regarding the |
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possession of a weapon by an officer while on duty; |
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(3) community supervision and corrections department |
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officers appointed or employed under Section 76.004, Government |
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Code, and neither section prohibits an officer from carrying a |
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weapon in this state if the officer is: |
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(A) engaged in the actual discharge of the |
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officer's duties while carrying the weapon; and |
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(B) authorized to carry a weapon under Section |
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76.0051, Government Code; |
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(4) an active judicial officer as defined by Section |
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411.201, Government Code, who is licensed to carry a handgun under |
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Subchapter H, Chapter 411, Government Code; |
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(5) an honorably retired peace officer or other |
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qualified retired law enforcement officer, as defined by 18 U.S.C. |
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Section 926C, who holds a certificate of proficiency issued under |
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Section 1701.357, Occupations Code, and is carrying a photo |
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identification that is issued by a federal, state, or local law |
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enforcement agency, as applicable, and that verifies that the |
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officer is an honorably retired peace officer or other qualified |
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retired law enforcement officer; |
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(6) the attorney general or a United States attorney, |
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district attorney, criminal district attorney, county attorney, or |
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municipal attorney who is licensed to carry a handgun under |
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Subchapter H, Chapter 411, Government Code; |
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(7) an assistant United States attorney, assistant |
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attorney general, assistant district attorney, assistant criminal |
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district attorney, [or] assistant county attorney, or assistant |
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municipal attorney who is licensed to carry a handgun under |
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Subchapter H, Chapter 411, Government Code; |
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(8) a bailiff designated by an active judicial officer |
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as defined by Section 411.201, Government Code, who is: |
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(A) licensed to carry a handgun under Subchapter |
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H, Chapter 411, Government Code; and |
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(B) engaged in escorting the judicial officer; |
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(9) a juvenile probation officer who is authorized to |
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carry a firearm under Section 142.006, Human Resources Code; or |
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(10) a person who is volunteer emergency services |
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personnel if the person is: |
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(A) carrying a handgun under the authority of |
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Subchapter H, Chapter 411, Government Code; and |
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(B) engaged in providing emergency services. |
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(m) Section 46.035 does not apply to: |
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(1) peace officers or special investigators under |
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Article 2.122, Code of Criminal Procedure, and that section does |
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not prohibit a peace officer or special investigator from carrying |
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a handgun in this state, including in an establishment in this state |
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serving the public, regardless of whether the peace officer or |
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special investigator is engaged in the actual discharge of the |
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officer's or investigator's duties while carrying the handgun; or |
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(2) an honorably retired peace officer or other |
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qualified retired law enforcement officer, as defined by 18 U.S.C. |
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Section 926C, who holds a certificate of proficiency issued under |
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Section 1701.357, Occupations Code, and is carrying a photo |
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identification that is issued by a federal, state, or local law |
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enforcement agency, as applicable, and that verifies that the |
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officer is an honorably retired peace officer or other qualified |
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retired law enforcement officer. |
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SECTION 3. Section 411.1882(a), Government Code, as amended |
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by this Act, applies only to an application for a license to carry a |
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handgun submitted on or after the effective date of this Act. An |
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application submitted before the effective date of this Act is |
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governed by the law in effect on the date the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. Section 46.15, Penal Code, as amended by this |
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Act, applies only to an offense committed on or after the effective |
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date of this Act. An offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 5. Section 46.15(m), Penal Code, as added by this |
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Act, is intended only to clarify existing law with respect to the |
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locations in which peace officers, special investigators, and |
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qualified retired law enforcement officers may carry a handgun. |
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SECTION 6. This Act takes effect September 1, 2021. |