By: Carona	S.B. No. 892
	(In the Senate - Filed February 27, 2013; March 5, 2013,
	read first time and referred to Committee on Criminal Justice;
	April 10, 2013, reported favorably by the following vote:  Yeas 5,
	Nays 0; April 10, 2013, sent to printer.)

	A BILL TO BE ENTITLED
	AN ACT
	relating to the application of certain concealed handgun license
	laws to the attorney general and to assistant attorneys general,
	United States attorneys, assistant United States attorneys, and
	special assistant United States attorneys, and to the authority of
	those attorneys to carry certain weapons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsection (a), Section 411.1882, 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 attorney general or an
	assistant attorney general, United States attorney, assistant
	United States attorney, special assistant United States attorney,
	[a] district attorney, assistant district attorney, criminal
	district attorney, assistant criminal district attorney, 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 Commission on Law
	Enforcement Officer Standards and Education 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 2.  Subsection (h-1), Section 46.035, Penal Code, as
	added by Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the
	80th Legislature, Regular Session, 2007, is reenacted and amended
	to read as follows:
	(h-1)  It is a defense to prosecution under Subsections (b)
	and (c) that the actor, at the time of the commission of the
	offense, 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) [(2)]  a bailiff designated by the active judicial
	officer and engaged in escorting the officer; or
	(4)  the attorney general or an assistant attorney
	general, United States attorney, assistant United States attorney,
	special assistant United States attorney, [(3)  a] district
	attorney, assistant district attorney, criminal district attorney,
	assistant criminal district attorney, county attorney, or
	assistant county attorney.
	SECTION 3.  Subsection (a), Section 46.15, 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 attorney general or a United States attorney,
	district attorney, criminal district attorney, county attorney, or
	municipal attorney who is licensed to carry a concealed handgun
	under Subchapter H, Chapter 411, Government Code;
	(7)  an 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 4.  The changes in law made by this Act to Subsection
	(h-1), Section 46.035, and Subsection (a), Section 46.15, 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 covered 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 section, an offense was committed
	before the effective date of this Act if any element of the offense
	occurred before that date.
	SECTION 5.  This Act takes effect September 1, 2013.
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