84R12151 GCB-D
	By: Campbell	S.B. No. 1329

	A BILL TO BE ENTITLED
	AN ACT
	relating to the application of certain concealed handgun license
	laws to the attorney general, to assistant attorneys general, and
	to federal prosecutors, judges, and justices, and to the authority
	of those individuals to carry certain weapons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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 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 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.  Section 46.035(h-1), 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.  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, 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 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 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
	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, 2015.