Relating to the carrying or possession of a handgun by a district clerk and the issuance of a handgun license to a district clerk.
https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00599E.htm
| By: Birdwell, Bettencourt | S.B. No. 599 | |
| Hughes | ||
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| relating to the carrying or possession of a handgun by a district | ||
| clerk and the issuance of a handgun license to a district clerk. | ||
| 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 the attorney | ||
| general or as a judge or justice of a federal court, as an active | ||
| judicial officer as defined by Section 411.201, as a United States | ||
| attorney, assistant United States attorney, assistant attorney | ||
| general, district attorney, assistant district attorney, criminal | ||
| district attorney, assistant criminal district attorney, county | ||
| attorney, or assistant county attorney, as a district clerk, as a | ||
| supervision officer as defined by Article 42A.001, Code of Criminal | ||
| Procedure, or as a juvenile probation officer 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. The heading to Section 411.201, Government Code, | ||
| is amended to read as follows: | ||
| Sec. 411.201. ACTIVE AND RETIRED JUDICIAL OFFICERS; CERTAIN | ||
| COURT OFFICERS. | ||
| SECTION 3. Section 411.201(h), Government Code, is amended | ||
| to read as follows: | ||
| (h) The department shall issue a license to carry a handgun | ||
| under the authority of this subchapter to an applicant who meets the | ||
| requirements of this section for an active judicial officer and who | ||
| is a United States attorney or an assistant United States attorney, | ||
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| the prosecution of felony cases, or a district clerk [ |
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| department shall waive any fee required for the issuance of an | ||
| original, duplicate, or renewed license under this subchapter for | ||
| an applicant who is a United States attorney or an assistant United | ||
| States attorney, [ |
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| represent the state in the prosecution of felony cases, or a | ||
| district clerk. | ||
| SECTION 4. 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) an active 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; | ||
| (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; [ |
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| (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 district clerk who is carrying a handgun the | ||
| district clerk is licensed to carry under Subchapter H, Chapter | ||
| 411, Government Code. | ||
| SECTION 5. Sections 411.1882(a) and 411.201(h), Government | ||
| Code, as amended by this Act, apply only to an application for a | ||
| license to carry a 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 on the date the | ||
| application was submitted, and the former law is continued in | ||
| effect for that purpose. | ||
| SECTION 6. Section 46.15, Penal Code, as amended 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 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 7. This Act takes effect September 1, 2023. | ||
