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A BILL TO BE ENTITLED
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AN ACT
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relating to the application of certain weapons laws to certain |
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emergency services personnel licensed to carry a concealed handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.07(a), Penal Code, is amended by |
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adding Subdivision (22-a) to read as follows: |
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(22-a) "Emergency services personnel" includes |
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firefighters, emergency medical services personnel as defined by |
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Section 773.003, Health and Safety Code, and other individuals who, |
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in the course and scope of employment or as a volunteer, provide |
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services for the benefit of the general public during emergency |
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situations. |
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SECTION 2. Section 30.06(e), Penal Code, is amended to read |
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as follows: |
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(e) It is an exception to the application of this section |
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that: |
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(1) the property on which the license holder carries a |
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handgun is owned or leased by a governmental entity and is not a |
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premises or other place on which the license holder is prohibited |
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from carrying the handgun under Section 46.03 or 46.035; or |
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(2) the license holder is emergency services personnel |
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engaged in providing emergency services in a county with a |
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population of 50,000 or less. |
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SECTION 3. Section 46.035, Penal Code, is amended by adding |
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Subsection (l) to read as follows: |
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(l) Subsections (b) and (c) do not apply if the actor is |
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emergency services personnel engaged in providing emergency |
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services in a county with a population of 50,000 or less. |
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SECTION 4. Section 46.15(a), Penal Code, is amended to read |
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as 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 concealed |
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handgun under Subchapter H, Chapter 411, Government Code; |
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(5) an honorably retired peace officer or federal |
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criminal investigator who holds a certificate of proficiency issued |
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under Section 1701.357, Occupations Code, and is carrying a photo |
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identification that: |
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(A) verifies that the officer honorably retired |
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after not less than 15 years of service as a commissioned officer; |
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and |
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(B) is issued by a state or local law enforcement |
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agency; |
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(6) a district attorney, criminal district attorney, |
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county attorney, or municipal attorney who is licensed to carry a |
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concealed handgun under Subchapter H, Chapter 411, Government Code; |
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(7) an assistant district attorney, assistant |
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criminal district attorney, or assistant county attorney who is |
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licensed to carry a concealed handgun under Subchapter H, Chapter |
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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 concealed handgun under |
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Chapter 411, Government Code; and |
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(B) engaged in escorting the judicial officer; |
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[or] |
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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 emergency services personnel if |
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the person is: |
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(A) licensed to carry a concealed handgun under |
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Subchapter H, Chapter 411, Government Code; and |
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(B) engaged in providing emergency services in a |
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county with a population of 50,000 or less. |
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SECTION 5. Section 22.01(e)(1), Penal Code, is repealed. |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 7. This Act takes effect September 1, 2013. |