|   | 
         
         
            |   | 
         
         
            | 
                		
			 | 
            
               A BILL TO BE ENTITLED
             | 
         
         
            | 
                
			 | 
            
               AN ACT
             | 
         
         
            | 
                
			 | 
            relating to the carrying of a handgun by a county commissioner in  | 
         
         
            | 
                
			 | 
            certain locations. | 
         
         
            | 
                
			 | 
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
         
            | 
                
			 | 
                   SECTION 1.  Section 46.15(a), Penal Code, as amended by  | 
         
         
            | 
                
			 | 
            Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts  | 
         
         
            | 
                
			 | 
            of the 88th Legislature, Regular Session, 2023, is reenacted and  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  Sections 46.02 and 46.03 do not apply to: | 
         
         
            | 
                
			 | 
                         (1)  peace officers or special investigators under  | 
         
         
            | 
                
			 | 
            Article 2A.002, 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 or retired 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 or other  | 
         
         
            | 
                
			 | 
            qualified retired law enforcement officer, as defined by 18 U.S.C.  | 
         
         
            | 
                
			 | 
            Section 926C, 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 an honorably retired peace officer or other qualified  | 
         
         
            | 
                
			 | 
            retired law enforcement officer; | 
         
         
            | 
                
			 | 
                         (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, or assistant county 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; | 
         
         
            | 
                
			 | 
                         (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;  | 
         
         
            | 
                
			 | 
            [or] | 
         
         
            | 
                
			 | 
                         (11)  a person who: | 
         
         
            | 
                
			 | 
                               (A)  retired after serving as a judge or justice  | 
         
         
            | 
                
			 | 
            described by Section 411.201(a)(1), Government Code; and | 
         
         
            | 
                
			 | 
                               (B)  is licensed to carry a handgun under  | 
         
         
            | 
                
			 | 
            Subchapter H, Chapter 411, Government Code; | 
         
         
            | 
                
			 | 
                         (12) [(11)]  a district or county clerk who is carrying  | 
         
         
            | 
                
			 | 
            a handgun the clerk is licensed to carry under Subchapter H, Chapter  | 
         
         
            | 
                
			 | 
            411, Government Code; or | 
         
         
            | 
                
			 | 
                         (13)  a county commissioner who is carrying a handgun  | 
         
         
            | 
                
			 | 
            the commissioner is licensed to carry under Subchapter H, Chapter  | 
         
         
            | 
                
			 | 
            411, Government Code. | 
         
         
            | 
                
			 | 
                   SECTION 2.  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 on the date 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 3.  This Act takes effect September 1, 2025. |