83S10279 ADM-D
 
  By: Carona S.B. No. 35
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the application of certain concealed handgun license
  laws to the attorney general and the state prosecuting attorney and
  to assistant attorneys general, assistant state prosecuting
  attorneys, United States attorneys, assistant United States
  attorneys, special assistant United States attorneys, and certain
  associate judges and other judicial personnel, and to the authority
  of those persons to carry certain weapons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  If H.B. No. 3142, Acts of the 83rd Legislature,
  Regular Session, 2013, becomes law, Section 411.1882(a),
  Government Code, as effective June 2013, is amended to read as
  follows:
         (a)  A person who is serving in this state as a judge or
  justice of a federal court, as an active judicial officer, as
  defined by Section 411.201, or as the state prosecuting attorney or
  an assistant state prosecuting attorney, the attorney general or an
  assistant attorney general, a United States attorney, assistant
  United States attorney, or special assistant United States
  attorney, a district attorney or[,] assistant district attorney, a 
  criminal district attorney or[,] assistant criminal district
  attorney, or a county attorney[,] or assistant county attorney may
  establish handgun proficiency for the purposes of this subchapter
  by obtaining from a handgun proficiency instructor approved by the
  Texas Commission on Law Enforcement for purposes of Section
  1702.1675, Occupations Code, a sworn statement that indicates that
  the person, during the 12-month period preceding the date of the
  person's application to the department, demonstrated to the
  instructor proficiency in the use of handguns.
         SECTION 2.  If H.B. No. 3142, Acts of the 83rd Legislature,
  Regular Session, 2013, does not become law, Section 411.1882(a),
  Government Code, is amended to read as follows:
         (a)  A person who is serving in this state as a judge or
  justice of a federal court, as an active judicial officer, as
  defined by Section 411.201, or as the state prosecuting attorney or
  an assistant state prosecuting attorney, the attorney general or an
  assistant attorney general, a United States attorney, assistant
  United States attorney, or special assistant United States
  attorney, a district attorney or[,] assistant district attorney, a 
  criminal district attorney or[,] assistant criminal district
  attorney, or a county attorney[,] or assistant county attorney may
  establish handgun proficiency for the purposes of this subchapter
  by obtaining from a handgun proficiency instructor approved by the
  Texas Commission on Law Enforcement for purposes of Section
  1702.1675, Occupations Code, a sworn statement that:
               (1)  indicates that the person, during the 12-month
  period preceding the date of the person's application to the
  department, demonstrated to the instructor proficiency in the use
  of handguns; and
               (2)  designates the categories of handguns with respect
  to which the person demonstrated proficiency.
         SECTION 3.  Section 411.201(a)(1), Government Code, is
  amended to read as follows:
               (1)  "Active judicial officer" means:
                     (A)  a person serving as a judge or justice of the
  supreme court, the court of criminal appeals, a court of appeals, a
  district court, a criminal district court, a constitutional county
  court, a statutory county court, a justice court, or a municipal
  court;
                     (B)  a federal judge who is a resident of this
  state; or
                     (C)  a person appointed and serving as:
                           (i)  an associate judge under Chapter 201,
  Family Code, or Chapter 54 or 54A; or
                           (ii)  a master or magistrate under Chapter
  54.
         SECTION 4.  (a)  Section 46.035(h-1), Penal Code, as added by
  Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
  Session, 2007, is amended to read as follows:
         (h-1)  It is a defense to prosecution under Subsections (b)
  [(b)(1), (2), and (4)-(6),] and (c) that the actor, at the time of
  the commission of the offense, [the actor] was:
               (1)  a judge or justice of a federal court;
               (2)  an active judicial officer, as defined by Section
  411.201, Government Code;
               (3)  a bailiff designated by the active judicial
  officer and engaged in escorting the officer; or
               (4)  the state prosecuting attorney or an assistant
  state prosecuting attorney, the attorney general or an assistant
  attorney general, a United States attorney, assistant United States
  attorney, or special assistant United States attorney, [(3)] a
  district attorney or[,] assistant district attorney, a criminal
  district attorney or[,] assistant criminal district attorney, or a 
  county attorney[,] or assistant county attorney.
         (b)  Section 46.035(h-1), Penal Code, as added by Chapter
  1214 (H.B. 1889), Acts of the 80th Legislature, Regular Session,
  2007, is repealed.
         SECTION 5.  If H.B. No. 3370, Acts of the 83rd Legislature,
  Regular Session, 2013, becomes law, Section 46.15(a), Penal Code,
  as effective September 1, 2013, is amended to read as follows:
         (a)  Sections 46.02 and 46.03 do not apply to:
               (1)  peace officers or special investigators under
  Article 2.122, 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)  a judge or justice of a federal court or an active
  judicial officer as defined by Section 411.201, Government Code,
  who is licensed to carry a concealed handgun under Subchapter H,
  Chapter 411, Government Code;
               (5)  an honorably retired peace officer, qualified
  retired law enforcement officer, federal criminal investigator, or
  former reserve law enforcement officer 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:
                     (A)  an honorably retired peace officer;
                     (B)  a qualified retired law enforcement officer;
                     (C)  a federal criminal investigator; or
                     (D)  a former reserve law enforcement officer who
  has served in that capacity not less than a total of 15 years with
  one or more state or local law enforcement agencies;
               (6)  the state prosecuting attorney, the attorney
  general, or a United States attorney, district attorney, criminal
  district attorney, county attorney, or municipal attorney if the
  person [who] is licensed to carry a concealed handgun under
  Subchapter H, Chapter 411, Government Code;
               (7)  an assistant state prosecuting attorney,
  assistant attorney general, assistant United States attorney,
  special assistant United States attorney, assistant district
  attorney, assistant criminal district attorney, or assistant
  county attorney who is licensed to carry a concealed 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 concealed handgun under
  Chapter 411, Government Code; and
                     (B)  engaged in escorting the judicial officer; or
               (9)  a juvenile probation officer who is authorized to
  carry a firearm under Section 142.006, Human Resources Code.
         SECTION 6.  If H.B. No. 3370, Acts of the 83rd Legislature,
  Regular Session, 2013, does not become law, Section 46.15(a), Penal
  Code, is amended to read as follows:
         (a)  Sections 46.02 and 46.03 do not apply to:
               (1)  peace officers or special investigators under
  Article 2.122, 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)  a judge or justice of a federal court or an active
  judicial officer as defined by Section 411.201, Government Code,
  who is licensed to carry a concealed handgun under Subchapter H,
  Chapter 411, Government Code;
               (5)  an honorably retired peace officer or federal
  criminal investigator who holds a certificate of proficiency issued
  under Section 1701.357, Occupations Code, and is carrying a photo
  identification that:
                     (A)  verifies that the officer honorably retired
  after not less than 15 years of service as a commissioned officer;
  and
                     (B)  is issued by a state or local law enforcement
  agency;
               (6)  the state prosecuting attorney, the attorney
  general, or a United States attorney, district attorney, criminal
  district attorney, county attorney, or municipal attorney if the
  person [who] is licensed to carry a concealed handgun under
  Subchapter H, Chapter 411, Government Code;
               (7)  an assistant state prosecuting attorney,
  assistant attorney general, assistant United States attorney,
  special assistant United States attorney, assistant district
  attorney, assistant criminal district attorney, or assistant
  county attorney who is licensed to carry a concealed 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 concealed handgun under
  Chapter 411, Government Code; and
                     (B)  engaged in escorting the judicial officer; or
               (9)  a juvenile probation officer who is authorized to
  carry a firearm under Section 142.006, Human Resources Code.
         SECTION 7.  (a)  The changes in law made by this Act to
  Sections 46.035(h-1) and 46.15(a), Penal Code, apply 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 subsection, an offense was committed before the effective date
  of this Act if any element of the offense occurred before that date.
         (b)  The change in law made by this Act to Section
  411.1882(a), Government Code, applies only to an application to
  obtain or renew a license to carry a concealed handgun submitted on
  or after the effective date of this Act.  An application submitted
  before the effective date of this Act is governed by the law in
  effect when the application was submitted, and the former law is
  continued in effect for that purpose.
         SECTION 8.  This Act takes effect on the 91st day after the
  last day of the legislative session.