Bill Text: TX HB3219 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the places where an elected official who is licensed to carry a concealed handgun may carry a concealed handgun.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-18 - Left pending in committee [HB3219 Detail]
Download: Texas-2013-HB3219-Introduced.html
83R9940 AJZ-D | ||
By: Springer | H.B. No. 3219 |
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relating to the places where an elected official who is licensed to | ||
carry a concealed handgun may carry a concealed handgun. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 46.035(f), Penal Code, is amended by | ||
adding Subdivision (1-a) to read as follows: | ||
(1-a) "Elected official" means any person holding | ||
office pursuant to an election governed by the Election Code. | ||
SECTION 2. Section 46.035(h-1), Penal Code, as added by | ||
Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular | ||
Session, 2007, is redesignated as Section 46.035(h-2), Penal Code, | ||
and amended to read as follows: | ||
(h-2) [ |
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Subsections (b) and (c) that the actor, at the time of the | ||
commission of the offense, was: | ||
(1) an active judicial officer, as defined by Section | ||
411.201, Government Code; [ |
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(2) a bailiff designated by the active judicial | ||
officer and engaged in escorting the officer; or | ||
(3) an elected official. | ||
SECTION 3. 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 concealed | ||
handgun under Subchapter H, Chapter 411, Government Code; | ||
(5) an honorably retired peace officer or federal | ||
criminal investigator who holds a certificate of proficiency issued | ||
under Section 1701.357, Occupations Code, and is carrying a photo | ||
identification that: | ||
(A) verifies that the officer honorably retired | ||
after not less than 15 years of service as a commissioned officer; | ||
and | ||
(B) is issued by a state or local law enforcement | ||
agency; | ||
(6) a district attorney, criminal district attorney, | ||
county attorney, or municipal attorney who is licensed to carry a | ||
concealed 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 concealed 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 concealed handgun under | ||
Subchapter H, Chapter 411, Government Code; and | ||
(B) engaged in escorting the judicial officer; | ||
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(9) a juvenile probation officer who is authorized to | ||
carry a firearm under Section 142.006, Human Resources Code; or | ||
(10) an elected official, as defined by Section | ||
46.035(f), who is licensed to carry a concealed handgun under | ||
Subchapter H, Chapter 411, Government Code. | ||
SECTION 4. 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 an active judicial officer [ |
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attorney, or elected official, as described by Section 46.15(a)(4), | ||
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license holder's status as a qualified handgun instructor or as an | ||
active judicial officer [ |
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criminal district attorney, [ |
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official. In establishing the procedure, the department shall | ||
require sufficient documentary evidence to establish the license | ||
holder's status under this subsection. | ||
SECTION 5. 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 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 6. This Act takes effect September 1, 2013. |