83S10279 ADM-D
	By: Carona	S.B. No. 35

	A BILL TO BE ENTITLED
	AN ACT
	relating to the application of certain concealed handgun license
	laws to the attorney general and the state prosecuting attorney and
	to assistant attorneys general, assistant state prosecuting
	attorneys, United States attorneys, assistant United States
	attorneys, special assistant United States attorneys, and certain
	associate judges and other judicial personnel, and to the authority
	of those persons to carry certain weapons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  If H.B. No. 3142, Acts of the 83rd Legislature,
	Regular Session, 2013, becomes law, Section 411.1882(a),
	Government Code, as effective June 2013, is amended to read as
	follows:
	(a)  A person who is serving in this state as a judge or
	justice of a federal court, as an active judicial officer, as
	defined by Section 411.201, or as the state prosecuting attorney or
	an assistant state prosecuting attorney, the attorney general or an
	assistant attorney general, a United States attorney, assistant
	United States attorney, or special assistant United States
	attorney, a district attorney or[,] assistant district attorney, a
	criminal district attorney or[,] assistant criminal district
	attorney, or a county attorney[,] or assistant county attorney may
	establish handgun proficiency for the purposes of this subchapter
	by obtaining from a handgun proficiency instructor approved by the
	Texas Commission on Law Enforcement for purposes of Section
	1702.1675, Occupations Code, a sworn statement that indicates that
	the person, during the 12-month period preceding the date of the
	person's application to the department, demonstrated to the
	instructor proficiency in the use of handguns.
	SECTION 2.  If H.B. No. 3142, Acts of the 83rd Legislature,
	Regular Session, 2013, does not become law, Section 411.1882(a),
	Government Code, is amended to read as follows:
	(a)  A person who is serving in this state as a judge or
	justice of a federal court, as an active judicial officer, as
	defined by Section 411.201, or as the state prosecuting attorney or
	an assistant state prosecuting attorney, the attorney general or an
	assistant attorney general, a United States attorney, assistant
	United States attorney, or special assistant United States
	attorney, a district attorney or[,] assistant district attorney, a
	criminal district attorney or[,] assistant criminal district
	attorney, or a county attorney[,] or assistant county attorney may
	establish handgun proficiency for the purposes of this subchapter
	by obtaining from a handgun proficiency instructor approved by the
	Texas Commission on Law Enforcement for purposes of Section
	1702.1675, Occupations Code, a sworn statement that:
	(1)  indicates that the person, during the 12-month
	period preceding the date of the person's application to the
	department, demonstrated to the instructor proficiency in the use
	of handguns; and
	(2)  designates the categories of handguns with respect
	to which the person demonstrated proficiency.
	SECTION 3.  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;
	(B)  a federal judge who is a resident of this
	state; or
	(C)  a person appointed and serving as:
	(i)  an associate judge under Chapter 201,
	Family Code, or Chapter 54 or 54A; or
	(ii)  a master or magistrate under Chapter
	54.
	SECTION 4.  (a)  Section 46.035(h-1), Penal Code, as added by
	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
	Session, 2007, is amended to read as follows:
	(h-1)  It is a defense to prosecution under Subsections (b)
	[(b)(1), (2), and (4)-(6),] and (c) that the actor, 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;
	(3)  a bailiff designated by the active judicial
	officer and engaged in escorting the officer; or
	(4)  the state prosecuting attorney or an assistant
	state prosecuting attorney, the attorney general or an assistant
	attorney general, a United States attorney, assistant United States
	attorney, or special assistant United States attorney, [(3)] a
	district attorney or[,] assistant district attorney, a criminal
	district attorney or[,] assistant criminal district attorney, or a
	county attorney[,] or assistant county attorney.
	(b)  Section 46.035(h-1), Penal Code, as added by Chapter
	1214 (H.B. 1889), Acts of the 80th Legislature, Regular Session,
	2007, is repealed.
	SECTION 5.  If H.B. No. 3370, Acts of the 83rd Legislature,
	Regular Session, 2013, becomes law, Section 46.15(a), Penal Code,
	as effective September 1, 2013, 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 or an active
	judicial officer as defined by Section 411.201, Government Code,
	who is licensed to carry a concealed handgun under Subchapter H,
	Chapter 411, Government Code;
	(5)  an honorably retired peace officer, qualified
	retired law enforcement officer, federal criminal investigator, or
	former reserve law enforcement officer who holds a certificate of
	proficiency issued under Section 1701.357, Occupations Code, and is
	carrying a photo identification that is issued by a federal, state,
	or local law enforcement agency, as applicable, and that verifies
	that the officer is:
	(A)  an honorably retired peace officer;
	(B)  a qualified retired law enforcement officer;
	(C)  a federal criminal investigator; or
	(D)  a former reserve law enforcement officer who
	has served in that capacity not less than a total of 15 years with
	one or more state or local law enforcement agencies;
	(6)  the state prosecuting attorney, the attorney
	general, or a United States attorney, district attorney, criminal
	district attorney, county attorney, or municipal attorney if the
	person [who] is licensed to carry a concealed handgun under
	Subchapter H, Chapter 411, Government Code;
	(7)  an assistant state prosecuting attorney,
	assistant attorney general, assistant United States attorney,
	special assistant United States attorney, 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;
	(8)  a bailiff designated by an active judicial officer
	as defined by Section 411.201, Government Code, who is:
	(A)  licensed to carry a concealed handgun under
	Chapter 411, Government Code; and
	(B)  engaged in escorting the judicial officer; or
	(9)  a juvenile probation officer who is authorized to
	carry a firearm under Section 142.006, Human Resources Code.
	SECTION 6.  If H.B. No. 3370, Acts of the 83rd Legislature,
	Regular Session, 2013, does not become law, 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 or an active
	judicial officer as defined by Section 411.201, Government Code,
	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;
	(6)  the state prosecuting attorney, the attorney
	general, or a United States attorney, district attorney, criminal
	district attorney, county attorney, or municipal attorney if the
	person [who] is licensed to carry a concealed handgun under
	Subchapter H, Chapter 411, Government Code;
	(7)  an assistant state prosecuting attorney,
	assistant attorney general, assistant United States attorney,
	special assistant United States attorney, 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;
	(8)  a bailiff designated by an active judicial officer
	as defined by Section 411.201, Government Code, who is:
	(A)  licensed to carry a concealed handgun under
	Chapter 411, Government Code; and
	(B)  engaged in escorting the judicial officer; or
	(9)  a juvenile probation officer who is authorized to
	carry a firearm under Section 142.006, Human Resources Code.
	SECTION 7.  (a)  The changes in law made by this Act to
	Sections 46.035(h-1) and 46.15(a), Penal Code, apply 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 governed
	by the law in effect on the date the offense was committed, and the
	former law is continued in effect for that purpose. For purposes of
	this subsection, an offense was committed before the effective date
	of this Act if any element of the offense occurred before that date.
	(b)  The change in law made by this Act to Section
	411.1882(a), Government Code, applies only to an application to
	obtain or renew a license to carry a concealed handgun submitted on
	or after the effective date of this Act.  An application submitted
	before the effective date of this Act is governed by the law in
	effect when the application was submitted, and the former law is
	continued in effect for that purpose.
	SECTION 8.  This Act takes effect on the 91st day after the
	last day of the legislative session.