| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the carrying or possession of a handgun by certain |
|
|
retired attorneys representing the state. |
|
|
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 person who retired after serving as an attorney |
|
|
described by Subdivision (6) or (7) and who is licensed to carry a |
|
|
handgun under Subchapter H, Chapter 411, Government Code; |
|
|
(9) 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; |
|
|
(10) [(9)] a juvenile probation officer who is |
|
|
authorized to carry a firearm under Section 142.006, Human |
|
|
Resources Code; |
|
|
(11) [(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] |
|
|
(12) [(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; or |
|
|
(13) [(11)] a district or county clerk who is carrying |
|
|
a handgun the clerk 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 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 3. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 89th Legislature, Regular Session, 2025, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 4. This Act takes effect September 1, 2025. |