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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying or possession of a handgun by certain |
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retired judges and justices and certain other governmental |
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officials. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.035(h-1), Penal Code, as added by |
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Chapter 1214 (H.B. 1889), 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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and (c) that the actor, at the time of the commission of the |
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offense, was: |
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(1) an active or retired judicial officer, as defined |
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by Section 411.201, Government Code; [or] |
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(2) a bailiff designated by an [the] active judicial |
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officer and engaged in escorting the officer; |
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(3) a judge or justice of a federal court; |
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(4) a person who retired after serving as a judge or |
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justice described by Section 411.201(a)(1)(A), Government Code; or |
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(5) the attorney general or a United States attorney, |
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assistant United States attorney, assistant attorney general, |
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district attorney, assistant district attorney, criminal district |
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attorney, assistant criminal district attorney, county attorney, |
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or assistant county attorney. |
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SECTION 2. Section 46.15(a), Penal Code, is amended to read |
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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) an active or retired judicial officer as defined |
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by Section 411.201, Government Code, who is licensed to carry a |
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handgun under Subchapter H, Chapter 411, Government Code; |
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(5) an honorably retired peace officer or other |
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qualified retired law enforcement officer, as defined by 18 U.S.C. |
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Section 926C, who holds a certificate of proficiency issued under |
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Section 1701.357, Occupations Code, and is carrying a photo |
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identification that is issued by a federal, state, or local law |
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enforcement agency, as applicable, and that verifies that the |
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officer is an honorably retired peace officer or other qualified |
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retired law enforcement officer; |
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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 handgun under |
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Subchapter H, Chapter 411, Government Code; |
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(7) an assistant United States attorney, assistant |
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attorney general, assistant district attorney, assistant criminal |
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district attorney, or assistant county attorney who is licensed to |
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carry a 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 handgun under Subchapter |
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H, Chapter 411, Government Code; and |
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(B) engaged in escorting the judicial officer; |
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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; [or] |
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(10) a person who is volunteer emergency services |
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personnel if the person is: |
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(A) carrying a handgun under the authority of |
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Subchapter H, Chapter 411, Government Code; and |
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(B) engaged in providing emergency services; or |
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(11) a person who: |
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(A) retired after serving as a judge or justice |
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described by Section 411.201(a)(1)(A), Government Code; and |
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(B) is licensed to carry a handgun under |
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Subchapter H, Chapter 411, Government Code. |
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SECTION 3. 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 repealed. |
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SECTION 4. The changes in law made by this Act apply only to |
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an 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 when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2021. |