H.B. No. 1503

	AN ACT
	relating to a person's eligibility for a license to carry a
	concealed handgun and to the prosecution of certain offenses
	involving the possession of a weapon.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 411.171(4), Government Code, is amended
	to read as follows:
	(4)  "Convicted" means an adjudication of guilt or,
	except as provided in Section 411.1711, an order of deferred
	adjudication entered against a person by a court of competent
	jurisdiction whether or not the imposition of the sentence is
	subsequently probated and the person is discharged from community
	supervision. The term does not include an adjudication of guilt or
	an order of deferred adjudication that has been subsequently:
	(A)  expunged; [or]
	(B)  pardoned under the authority of a state or
	federal official; or
	(C)  otherwise vacated, set aside, annulled,
	invalidated, discharged, voided, or sealed under any state or
	federal law.
	SECTION 2.  Section 411.172, Government Code, is amended by
	amending Subsection (b) and adding Subsection (b-1) to read as
	follows:
	(b)  For the purposes of this section, an offense under the
	laws of this state, another state, or the United States is:
	(1)  except as provided by Subsection (b-1), a felony
	if [the offense], at the time it is committed, the offense [of a
	person's application for a license to carry a concealed handgun]:
	(A)  is designated by a law of this state as a
	felony;
	(B)  contains all the elements of an offense
	designated by a law of this state as a felony; or
	(C)  is punishable by confinement for one year or
	more in a penitentiary; and
	(2)  a Class A misdemeanor if the offense is not a
	felony and confinement in a jail other than a state jail felony
	facility is affixed as a possible punishment.
	(b-1)  An offense is not considered a felony for purposes of
	Subsection (b)(1) if, at the time of a person's application for a
	license to carry a concealed handgun, the offense:
	(1)  is designated by a law of this state as a
	misdemeanor; or
	(2)  does not contain all the elements of any offense
	designated by a law of this state as a felony.
	SECTION 3.  Section 46.04, Penal Code, is amended by
	amending Subsection (d) and adding Subsections (f) and (g) to read
	as follows:
	(d)  In this section:
	(1)  "Convicted" has the meaning assigned by Section
	411.171, Government Code.
	(2)  "Family,"[, "family,"] "household," and "member
	of a household" have the meanings assigned by Chapter 71, Family
	Code.
	(f)  For the purposes of this section, an offense under the
	laws of this state, another state, or the United States is, except
	as provided by Subsection (g), a felony if, at the time it is
	committed, the offense:
	(1)  is designated by a law of this state as a felony;
	(2)  contains all the elements of an offense designated
	by a law of this state as a felony; or
	(3)  is punishable by confinement for one year or more
	in a penitentiary.
	(g)  An offense is not considered a felony for purposes of
	Subsection (f) if, at the time the person possesses a firearm, the
	offense:
	(1)  is designated by a law of this state as a
	misdemeanor; or
	(2)  does not contain all the elements of any offense
	designated by a law of this state as a felony.
	SECTION 4.  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, 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 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; [or]
	(6)  a district attorney, criminal district attorney,
	or county attorney who is licensed to carry a concealed handgun
	under Subchapter H, Chapter 411, Government Code; or
	(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.
	SECTION 5.  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 covered by the law in
	effect at the time 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 was committed before that date.
	SECTION 6.  This Act takes effect September 1, 2007.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1503 was passed by the House on May
	10, 2007, by the following vote:  Yeas 138, Nays 0, 3 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 1503 on May 25, 2007, by the following vote:  Yeas 136, Nays 0,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1503 was passed by the Senate, with
	amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor