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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 and the |
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issuance of handgun licenses to certain governmental officials. |
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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 46.035(h-1), Penal Code, as added by |
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Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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(h-1) It is a defense to prosecution under Subsections (b) |
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and (c) that the actor, at the time of the commission of the |
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offense, was: |
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(1) an active judicial officer, as defined by Section |
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411.201, Government Code; [or] |
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(2) a bailiff designated by an [the] active judicial |
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officer and engaged in escorting the officer; |
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(3) a judge or justice of a federal court; or |
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(4) the attorney general or a United States attorney, |
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assistant United States attorney, assistant attorney general, |
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district attorney, assistant district attorney, criminal district |
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attorney, assistant criminal district attorney, county attorney, |
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assistant county attorney, municipal attorney, or assistant |
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municipal attorney. |
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SECTION 3. 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 handgun under |
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Subchapter H, Chapter 411, Government Code; |
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(5) an honorably retired peace officer, qualified |
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retired law enforcement officer, federal criminal investigator, or |
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former reserve law enforcement officer who holds a certificate of |
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proficiency issued under Section 1701.357, Occupations Code, and is |
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carrying a photo identification that is issued by a federal, state, |
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or local law enforcement agency, as applicable, and that verifies |
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that the officer is: |
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(A) an honorably retired peace officer; |
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(B) a qualified retired law enforcement officer; |
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(C) a federal criminal investigator; or |
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(D) a former reserve law enforcement officer who |
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has served in that capacity not less than a total of 15 years with |
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one or more state or local law enforcement agencies; |
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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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SECTION 4. Section 46.035(h-1), Penal Code, as added by |
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Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular |
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Session, 2007, is repealed. |
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SECTION 5. 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 6. Sections 46.035 and 46.15, Penal Code, as |
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amended by this Act, apply only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2019. |