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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying of firearms by certain off-duty employees |
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of the Texas Department of Criminal Justice and the carrying of a |
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handgun by a license holder in certain locations; authorizing a |
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fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 494, Government Code, is amended by |
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adding Section 494.013 to read as follows: |
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Sec. 494.013. STAFF FIREARMS PROFICIENCY. (a) The |
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department annually shall offer an educational program for |
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department employees required to handle firearms while on duty that |
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provides training and proficiency qualification for the carrying of |
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a firearm by an employee when the employee is not on duty. The |
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department shall issue a certificate of proficiency to an employee |
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who successfully completes the program. |
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(b) An employee participating in the educational program: |
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(1) shall supply the firearm holster and any |
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ammunition to be used in the program; and |
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(2) may be required to pay a fee of not more than $30 as |
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determined by the department for participation in the program and |
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the issuance of the certificate of proficiency. |
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(c) The department shall permit an employee to whom a |
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certificate of proficiency is issued under this section to store |
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the employee's firearm in a locked box in the employee's personal |
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vehicle while the vehicle is in a parking garage, parking lot, or |
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other parking area operated by the department for employees. |
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(d) The department may adopt rules and procedures as |
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necessary for the administration of this section, including rules |
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and procedures for the suspension or revocation of a certificate |
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issued under this section. |
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(e) This section does not create or authorize a cause of |
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action against the department for any misuse of or accidents |
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relating to the use or storage of a firearm by an employee who is not |
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on duty. |
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SECTION 2. Sections 46.035(b) and (i), Penal Code, are |
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amended to read as follows: |
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(b) A license holder commits an offense if the license |
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holder intentionally, knowingly, or recklessly carries a handgun |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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regardless of whether the handgun is concealed, on or about the |
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license holder's person: |
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(1) on the premises of a business that has a permit or |
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license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
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Beverage Code, if the business derives 51 percent or more of its |
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income from the sale or service of alcoholic beverages for |
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on-premises consumption, as determined by the Texas Alcoholic |
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Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
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(2) on the premises where a high school, collegiate, |
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or professional sporting event or interscholastic event is taking |
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place, unless the license holder is a participant in the event and a |
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handgun is used in the event; |
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(3) on the premises of a correctional facility; |
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(4) on the premises of a hospital licensed under |
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Chapter 241, Health and Safety Code, or on the premises of a nursing |
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home licensed under Chapter 242, Health and Safety Code, unless the |
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license holder has written authorization of the hospital or nursing |
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home administration, as appropriate; or |
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(5) in an amusement park[; or
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[(6)
on the premises of a church, synagogue, or other
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established place of religious worship]. |
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(i) Subsections (b)(4), (b)(5), [(b)(6),] and (c) do not |
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apply if the actor was not given effective notice under Section |
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30.06. |
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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 amended to read as follows: |
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(h-1) It is a defense to prosecution under Subsections |
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(b)(1), (2), (4), and (5) [(4)-(6)], and (c) that at the time of the |
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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; or |
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(3) a district attorney, assistant district attorney, |
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criminal district attorney, assistant criminal district attorney, |
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county attorney, or assistant county attorney. |
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SECTION 4. 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 judicial officer as defined by Section |
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411.201, Government Code, who is licensed to carry a concealed |
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handgun under Subchapter H, 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) a district attorney, criminal district attorney, |
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county attorney, or municipal attorney who is licensed to carry a |
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concealed handgun under Subchapter H, Chapter 411, Government Code; |
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(7) an assistant district attorney, assistant |
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criminal district attorney, or assistant county attorney who is |
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licensed to carry a concealed handgun under Subchapter H, Chapter |
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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; |
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[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; or |
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(10) an employee of the Texas Department of Criminal |
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Justice who holds a certificate of proficiency issued under Section |
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494.013, Government Code. |
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SECTION 5. Not later than January 1, 2014, the Texas |
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Department of Criminal Justice shall develop and begin |
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implementation of the educational program described by Section |
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494.013, Government Code, as added by this Act. |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 7. This Act takes effect September 1, 2013. |