89R12 LHC-D
	By: Tepper	H.B. No. 658

	A BILL TO BE ENTITLED
	AN ACT
	relating to the carrying of weapons by community supervision and
	corrections department officers, juvenile probation officers, and
	certain retired law enforcement officers and to criminal liability
	for taking a weapon from certain of those officers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 2A.052, Code of Criminal Procedure, is
	amended by amending Subsection (b) and adding Subsection (b-1) to
	read as follows:
	(b)  An establishment serving the public may not prohibit or
	otherwise restrict a peace officer, a [or] special investigator, a
	community supervision and corrections department officer, or a
	juvenile probation officer described by Section 46.15(a)(1), (3),
	or (9), Penal Code, as applicable, from carrying on the
	establishment's premises a weapon that the officer or investigator
	is otherwise authorized to carry, regardless of whether the officer
	or investigator is engaged in the actual discharge of the officer's
	or investigator's duties while carrying the weapon.
	(b-1)  An establishment serving the public may not prohibit
	or otherwise restrict an honorably retired peace officer or other
	qualified retired law enforcement officer described by Section
	46.15(a)(5), Penal Code, from carrying on the establishment's
	premises a weapon that the officer is otherwise authorized to
	carry.
	SECTION 2.  Article 17.03(b-3)(2), Code of Criminal
	Procedure, is amended to read as follows:
	(2)  "Offense involving violence" means an offense
	under the following provisions of the Penal Code:
	(A)  Section 19.02 (murder);
	(B)  Section 19.03 (capital murder);
	(C)  Section 20.03 (kidnapping);
	(D)  Section 20.04 (aggravated kidnapping);
	(E)  Section 20A.02 (trafficking of persons);
	(F)  Section 20A.03 (continuous trafficking of
	persons);
	(G)  Section 21.02 (continuous sexual abuse of
	young child or disabled individual);
	(H)  Section 21.11 (indecency with a child);
	(I)  Section 22.01(a)(1) (assault), if the
	offense is:
	(i)  punishable as a felony of the second
	degree under Subsection (b-2) of that section; or
	(ii)  punishable as a felony and involved
	family violence as defined by Section 71.004, Family Code;
	(J)  Section 22.011 (sexual assault);
	(K)  Section 22.02 (aggravated assault);
	(L)  Section 22.021 (aggravated sexual assault);
	(M)  Section 22.04 (injury to a child, elderly
	individual, or disabled individual);
	(N)  Section 25.072 (repeated violation of
	certain court orders or conditions of bond in family violence,
	child abuse or neglect, sexual assault or abuse, indecent assault,
	stalking, or trafficking case);
	(O)  Section 25.11 (continuous violence against
	the family);
	(P)  Section 29.03 (aggravated robbery);
	(Q)  Section 38.14 (taking or attempting to take
	weapon from certain individuals working in public safety [peace
	officer, federal special investigator, employee or official of
	correctional facility, parole officer, community supervision and
	corrections department officer, or commissioned security
	officer]);
	(R)  Section 43.04 (aggravated promotion of
	prostitution), if the defendant is not alleged to have engaged in
	conduct constituting an offense under Section 43.02(a);
	(S)  Section 43.05 (compelling prostitution); or
	(T)  Section 43.25 (sexual performance by a
	child).
	SECTION 3.  Section 76.0051, Government Code, is amended to
	read as follows:
	Sec. 76.0051.  AUTHORIZATION TO CARRY WEAPON.  An officer is
	authorized to carry a weapon under this section, regardless of
	whether the officer is [while] engaged in the actual discharge of
	the officer's duties, only if:
	(1)  the officer possesses a certificate of firearms
	proficiency issued by the Texas Commission on Law Enforcement under
	Section 1701.257, Occupations Code; and
	(2)  the director of the department agrees to the
	authorization.
	SECTION 4.  Section 142.006(a), Human Resources Code, is
	amended to read as follows:
	(a)  A juvenile probation officer may carry a firearm under
	this section, regardless of whether the officer is carrying the
	firearm in the course of the officer's official duties, if:
	(1)  the juvenile probation officer possesses a
	certificate of firearms proficiency issued by the Texas Commission
	on Law Enforcement under Section 1701.259, Occupations Code;
	(2)  the chief juvenile probation officer of the
	juvenile probation department that employs the juvenile probation
	officer authorizes the juvenile probation officer to carry a
	firearm in the course of the officer's official duties; and
	(3)  the juvenile probation officer has been employed
	for at least one year by the juvenile probation department
	described by Subdivision (2).
	SECTION 5.  The heading to Section 38.14, Penal Code, is
	amended to read as follows:
	Sec. 38.14.  TAKING OR ATTEMPTING TO TAKE WEAPON FROM
	CERTAIN INDIVIDUALS WORKING IN PUBLIC SAFETY [PEACE OFFICER,
	FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL
	FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS
	DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER].
	SECTION 6.  Sections 38.14(b), (c), and (d), Penal Code, are
	amended to read as follows:
	(b)  A person commits an offense if the person intentionally
	or knowingly and with force takes or attempts to take from a peace
	officer, federal special investigator, employee or official of a
	correctional facility, parole officer, community supervision and
	corrections department officer, juvenile probation officer, or
	commissioned security officer the officer's, investigator's,
	employee's, or official's firearm, nightstick, stun gun, or
	personal protection chemical dispensing device.
	(c)  The actor is presumed to have known that the peace
	officer, federal special investigator, employee or official of a
	correctional facility, parole officer, community supervision and
	corrections department officer, juvenile probation officer, or
	commissioned security officer was a peace officer, federal special
	investigator, employee or official of a correctional facility,
	parole officer, community supervision and corrections department
	officer, juvenile probation officer, or commissioned security
	officer if:
	(1)  the officer, investigator, employee, or official
	was wearing a distinctive uniform or badge indicating his
	employment; or
	(2)  the officer, investigator, employee, or official
	identified himself as a peace officer, federal special
	investigator, employee or official of a correctional facility,
	parole officer, community supervision and corrections department
	officer, juvenile probation officer, or commissioned security
	officer.
	(d)  It is a defense to prosecution under this section that
	the defendant took or attempted to take the weapon from a peace
	officer, federal special investigator, employee or official of a
	correctional facility, parole officer, community supervision and
	corrections department officer, juvenile probation officer, or
	commissioned security officer who was using force against the
	defendant or another in excess of the amount of force permitted by
	law.
	SECTION 7.  Section 46.15(a), Penal Code, as amended by
	Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts
	of the 88th Legislature, Regular Session, 2023, is reenacted and
	amended to read as follows:
	(a)  Sections 46.02 and 46.03 do not apply to:
	(1)  peace officers or special investigators under
	Article 2A.002, 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 authorized to carry a weapon under Section 76.0051,
	Government Code, and neither section prohibits the [an] officer
	from carrying a weapon in this state, including in an establishment
	serving the public, regardless of whether [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)  an active or retired judicial officer as defined
	by Section 411.201, Government Code, who is licensed to carry a
	handgun under Subchapter H, Chapter 411, Government Code;
	(5)  an honorably retired peace officer or other
	qualified retired law enforcement officer, as defined by 18 U.S.C.
	Section 926C, 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 an honorably retired peace officer or other qualified
	retired law enforcement officer, and neither section prohibits the
	officer from carrying a weapon in this state, including in an
	establishment serving the public;
	(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 handgun under
	Subchapter H, Chapter 411, Government Code;
	(7)  an assistant United States attorney, assistant
	attorney general, assistant district attorney, assistant criminal
	district attorney, or assistant county attorney who is licensed to
	carry a 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 handgun under Subchapter
	H, Chapter 411, Government Code; and
	(B)  engaged in escorting the judicial officer;
	(9)  a juvenile probation officer who is authorized to
	carry a firearm under Section 142.006, Human Resources Code, and
	neither section prohibits the officer from carrying a firearm in
	this state, including in an establishment serving the public,
	regardless of whether the officer is carrying the firearm in the
	course of the officer's official duties;
	(10)  a person who is volunteer emergency services
	personnel if the person is:
	(A)  carrying a handgun under the authority of
	Subchapter H, Chapter 411, Government Code; and
	(B)  engaged in providing emergency services;
	[or]
	(11)  a person who:
	(A)  retired after serving as a judge or justice
	described by Section 411.201(a)(1), Government Code; and
	(B)  is licensed to carry a handgun under
	Subchapter H, Chapter 411, Government Code; or
	(12) [(11)]  a district or county clerk who is carrying
	a handgun the clerk is licensed to carry under Subchapter H, Chapter
	411, Government Code.
	SECTION 8.  Section 46.15, Penal Code, is amended by adding
	Subsection (c) to read as follows:
	(c)  In this section, "establishment serving the public" has
	the meaning assigned by Article 2A.052, Code of Criminal Procedure.
	SECTION 9.  Article 2A.052, Code of Criminal Procedure, as
	amended by this Act, applies only to a cause of action that accrues
	on or after the effective date of this Act.
	SECTION 10.  Section 76.0051, Government Code, as amended by
	this Act, and Section 142.006, Human Resources Code, as amended by
	this Act, apply only to the carrying of a weapon or firearm on or
	after the effective date of this Act.
	SECTION 11.  Sections 38.14 and 46.15, Penal Code, as
	amended by this Act, 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 12.  To the extent of any conflict, this Act prevails
	over another Act of the 89th Legislature, Regular Session, 2025,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 13.  This Act takes effect September 1, 2025.