Bill Text: TX SB403 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the carrying or possession of a handgun by and the issuance of handgun licenses to certain governmental officials.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-14 - Referred to State Affairs [SB403 Detail]
Download: Texas-2019-SB403-Introduced.html
86R7904 JSC-D | ||
By: Birdwell | S.B. No. 403 |
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relating to the carrying or possession of a handgun by and the | ||
issuance of handgun licenses to certain governmental officials. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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, [ |
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assistant municipal attorney, as a supervision officer as defined | ||
by Article 42A.001, 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 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 judicial officer, as defined by Section | ||
411.201, Government Code; [ |
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(2) a bailiff designated by an [ |
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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, | ||
assistant county attorney, municipal attorney, or assistant | ||
municipal attorney. | ||
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 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, [ |
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municipal 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 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 repealed. | ||
SECTION 5. Section 411.1882(a), Government Code, as amended | ||
by this Act, applies only to an application for a license to carry a | ||
handgun submitted on or after the effective date of this Act. An | ||
application submitted before the effective date of this Act is | ||
governed by the law in effect on the date the application was | ||
submitted, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 6. Sections 46.035 and 46.15, Penal Code, as | ||
amended 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 7. This Act takes effect September 1, 2019. |