2017S0444-1 03/09/17     By: Huffman S.B. No. 1807     A BILL TO BE ENTITLED   AN ACT   relating to the application of certain concealed handgun license   laws to United States attorneys and assistant United States   attorneys and to the authority of United States attorneys and   assistant United States attorneys to carry certain weapons.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 411.179(c), Government Code, is amended   to read as follows:          (c)  In adopting the form of the license under Subsection   (a), the department shall establish a procedure for the license of a   qualified handgun instructor or of a judge, justice, United States   attorney, assistant United States attorney, prosecuting attorney,   or assistant prosecuting attorney, as described by Section   46.15(a)(4), [or] (6), or (7), Penal Code, to indicate on the   license the license holder's status as a qualified handgun   instructor or as a judge, justice, United States attorney,   assistant United States attorney, district attorney, criminal   district attorney, or county attorney. In establishing the   procedure, the department shall require sufficient documentary   evidence to establish the license holder's status under this   subsection.          SECTION 2.  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, as a United States attorney, assistant United   States attorney, district attorney, assistant district attorney,   criminal district attorney, assistant criminal district attorney,   county attorney, or assistant county attorney, as a supervision   officer as defined by Section 2, Article 42.12, 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 3.  Section 411.201(h), Government Code, is amended   to read as follows:          (h)  The department shall issue a license to carry a   concealed handgun under the authority of this subchapter to a   United States attorney or an assistant United States attorney or to   an elected attorney representing the state or the federal   government in the prosecution of felony cases who meets the   requirements of this section for an active judicial officer. The   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 or who is an attorney elected or employed to   represent the state or the federal government in the prosecution of   felony cases.          SECTION 4.  Section 46.035(h-1), Penal Code, as added by   Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular   Session, 2007, is amended to read as follows:          (h-1)  It is a defense to prosecution under Subsections   (b)(1), (2), and (4)-(6), and (c) that at the time of the commission   of the offense, the actor 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)  a United States attorney, assistant United States   attorney, district attorney, assistant district attorney, criminal   district attorney, assistant criminal district attorney, county   attorney, or assistant county attorney.          SECTION 5.  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, 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)  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   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; or                (9)  a juvenile probation officer who is authorized to   carry a firearm under Section 142.006, Human Resources Code.          SECTION 6.  (a)  To the extent of any conflict, this Act   prevails over another Act of the 85th Legislature, Regular Session,   2017, relating to nonsubstantive additions to and corrections in   enacted codes.          (b)  The change in law made by this Act in amending Section   46.15(a), Penal Code, 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 covered 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 was committed before that date.          SECTION 7.  This Act takes effect September 1, 2017.