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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 a district or |
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county clerk and the issuance of a handgun license to a district or |
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county clerk. |
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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, as a district or county |
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clerk, as a supervision officer as defined by Article 42A.001, Code |
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of Criminal Procedure, or as a juvenile probation officer may |
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establish handgun proficiency for the purposes of this subchapter |
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by obtaining from a handgun proficiency instructor approved by the |
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Texas Commission on Law Enforcement for purposes of Section |
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1702.1675, Occupations Code, a sworn statement that indicates that |
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the person, during the 12-month period preceding the date of the |
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person's application to the department, demonstrated to the |
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instructor proficiency in the use of handguns. |
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SECTION 2. The heading to Section 411.201, Government Code, |
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is amended to read as follows: |
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Sec. 411.201. ACTIVE AND RETIRED JUDICIAL OFFICERS; CERTAIN |
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COURT OFFICERS. |
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SECTION 3. Section 411.201(h), Government Code, is amended |
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to read as follows: |
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(h) The department shall issue a license to carry a handgun |
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under the authority of this subchapter to an applicant who meets the |
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requirements of this section for an active judicial officer and who |
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is a United States attorney or an assistant United States attorney, |
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[or to] an attorney elected or employed to represent the state in |
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the prosecution of felony cases, or a district or county clerk [who |
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meets the requirements of this section for an active judicial |
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officer]. The department shall waive any fee required for the |
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issuance of an original, duplicate, or renewed license under this |
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subchapter for an applicant who is a United States attorney or an |
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assistant United States attorney, [or who is] an attorney elected |
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or employed to represent the state in the prosecution of felony |
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cases, or a district or county clerk. |
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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 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 who is licensed to |
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carry a handgun under 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; or |
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(11) a district or county clerk who is carrying a |
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handgun the clerk is licensed to carry under Subchapter H, Chapter |
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411, Government Code. |
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SECTION 5. Sections 411.1882(a) and 411.201(h), Government |
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Code, as amended by this Act, apply only to an application for a |
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license to carry a handgun submitted on or after the effective date |
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of this Act. An application submitted before the effective date of |
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this Act is governed by the law in effect on the date the |
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application was submitted, and the former law is continued in |
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effect for that purpose. |
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SECTION 6. 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 |
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of this Act is governed by the law in effect on the date the offense |
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was 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 7. This Act takes effect September 1, 2023. |