Relating to the carrying or possession of a handgun by certain retired judges and justices.
https://capitol.texas.gov/tlodocs/88R/billtext/html/HB02291H.htm
| 88R9909 JSC-D | ||
| By: Slawson, et al. | H.B. No. 2291 | |
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| relating to the carrying or possession of a handgun by certain | ||
| retired judges and justices. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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 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; | ||
| (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 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. | ||
| SECTION 2. The changes in law made 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 when 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 3. This Act takes effect September 1, 2023. | ||
