85R20292 ADM-D     By: Huffman S.B. No. 1807     (Metcalf)     Substitute the following for S.B. No. 1807:  No.       A BILL TO BE ENTITLED   AN ACT   relating to the application of certain handgun license laws to   certain federal and state attorneys and to the authority of those   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 the attorney general or a judge,   justice, United States attorney, assistant United States attorney,   assistant attorney general, 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 the   attorney general or a judge, justice, United States attorney,   assistant United States attorney, assistant attorney general,   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 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 supervision officer as   defined by [Section 2,] Article 42A.001 [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 handgun   under the authority of this subchapter to a United States attorney   or an assistant United States attorney, or to an [elected] attorney   elected or employed to represent [representing] the state 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 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), (4), (5), and (6) [(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)  the attorney general or 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.          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)  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; 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 Sections   46.035 and 46.15, 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 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 was committed before that date.          SECTION 7.  This Act takes effect September 1, 2017.