H.B. No. 2300

	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