83S10101 AJZ-F
	By: Gooden	H.B. No. 34

	A BILL TO BE ENTITLED
	AN ACT
	relating to authorizing certain attorneys representing the state to
	openly carry a handgun.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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)(1), (2), and (4)-(6), and (c) that 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; or
	(3)  a district attorney, assistant district attorney,
	criminal district attorney, assistant criminal district attorney,
	county attorney, [or] assistant county attorney, or municipal
	attorney.
	SECTION 2.  Section 46.035, Penal Code, is amended by adding
	Subsection (h-2) to read as follows:
	(h-2)  It is a defense to prosecution under Subsection (a)
	that at the time of the commission of the offense the actor was a
	district attorney, assistant district attorney, criminal district
	attorney, assistant criminal district attorney, county attorney,
	assistant county attorney, or municipal attorney.
	SECTION 3.  (a)  If H.B. 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)  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)  a district attorney, criminal district attorney,
	county attorney, or municipal attorney who is licensed to carry a
	concealed handgun under Subchapter H, Chapter 411, Government Code,
	who is carrying the handgun in plain view or in a concealed manner;
	(7)  an 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, who is carrying the handgun in plain view or
	in a concealed manner;
	(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.
	(b)  If H.B. 3370, Acts of the 83rd Legislature, Regular
	Session, 2013, becomes 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)  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)  a district attorney, criminal district attorney,
	county attorney, or municipal attorney who is licensed to carry a
	concealed handgun under Subchapter H, Chapter 411, Government Code,
	who is carrying the handgun in plain view or in a concealed manner;
	(7)  an 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, who is carrying the handgun in plain view or
	in a concealed manner;
	(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 4.  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 5.  This Act takes effect on the 91st day after the
	last day of the legislative session.