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