|
|
|
|
AN ACT
|
|
relating to the carrying of weapons by certain judges and justices |
|
and district and county attorneys. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 411.179, Government Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) In adopting the form of the license under Subsection |
|
(a), the department shall establish a procedure for the license of a |
|
judge, justice, prosecuting attorney, or assistant prosecuting |
|
attorney, as described by Section 46.15(a)(4) or (6), Penal Code, |
|
to indicate on the license the license holder's status as a judge, |
|
justice, district attorney, criminal district attorney, or county |
|
attorney. In establishing the procedure, the department shall |
|
require sufficient documentary evidence to establish the license |
|
holder's status under this subsection. |
|
SECTION 2. Sections 411.181(a) and (b), Government Code, |
|
are amended to read as follows: |
|
(a) If a person who is a current license holder moves from |
|
the address stated on the license, [or] if the name of the person is |
|
changed by marriage or otherwise, or if the person's status as a |
|
judge, justice, district attorney, prosecuting attorney, or |
|
assistant prosecuting attorney becomes inapplicable for purposes |
|
of Section 411.179(c), the person shall, not later than the 30th day |
|
after the date of the address, [or] name, or status change, notify |
|
the department and provide the department with the number of the |
|
person's license and, as applicable, the person's: |
|
(1) former and new addresses; or |
|
(2) former and new names. |
|
(b) If the name of the license holder is changed by marriage |
|
or otherwise, or if the person's status becomes inapplicable as |
|
described by Subsection (a), the person shall apply for a duplicate |
|
license. The duplicate license must reflect the person's current |
|
name and status. |
|
SECTION 3. Subchapter H, Chapter 411, Government Code, is |
|
amended by adding Section 411.1882 to read as follows: |
|
Sec. 411.1882. EXEMPTION FROM HANDGUN PROFICIENCY |
|
CERTIFICATE REQUIREMENT FOR CERTAIN PERSONS. (a) Notwithstanding |
|
any other provision of this subchapter, a person may not be required |
|
to submit to the department a handgun proficiency certificate to |
|
obtain or renew a concealed handgun license issued under this |
|
subchapter if: |
|
(1) the person is currently serving in this state as: |
|
(A) a judge or justice of a federal court; |
|
(B) an active judicial officer, as defined by |
|
Section 411.201, Government Code; or |
|
(C) a district attorney, assistant district |
|
attorney, criminal district attorney, assistant criminal district |
|
attorney, county attorney, or assistant county attorney; and |
|
(2) a handgun proficiency instructor approved by the |
|
Commission on Law Enforcement Officer Standards and Education for |
|
purposes of Section 1702.1675, Occupations Code, makes a sworn |
|
statement indicating that the person demonstrated proficiency to |
|
the instructor in the use of handguns during the 12-month period |
|
preceding the date of the person's application to the department |
|
and designating the types of handguns with which the person |
|
demonstrated proficiency. |
|
(b) The director by rule shall adopt a procedure by which a |
|
person who is exempt under Subsection (a) from the handgun |
|
proficiency certificate requirement may submit a form |
|
demonstrating the person's qualification for an exemption under |
|
that subsection. The form must provide sufficient information to |
|
allow the department to verify whether the person qualifies for the |
|
exemption. |
|
(c) A license issued under this section automatically |
|
expires on the six-month anniversary of the date the person's |
|
status under Subsection (a) becomes inapplicable. A license that |
|
expires under this subsection may be renewed under Section 411.185. |
|
SECTION 4. 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; or |
|
(B) a federal judge who is a resident of this |
|
state. |
|
SECTION 5. Section 46.035, Penal Code, is amended by adding |
|
Subsection (h-1) 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. |
|
SECTION 6. 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 7. 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 |
|
covered by the law in effect when 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 8. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2007. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2300 was passed by the House on May |
|
10, 2007, by the following vote: Yeas 142, Nays 0, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 2300 on May 25, 2007, by the following vote: Yeas 136, Nays 1, |
|
2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 2300 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 |