TexasCHLforum.com

By:AAGooden H.B.ANo.A9
A BILL TO BE ENTITLED
AN ACT
relating to authorizing certain attorneys representing the state to
openly carry a handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASection 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)AAIt 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)AAa judge or justice of a federal court;
(2)AAan active judicial officer, as defined by Section
411.201, Government Code; or
(3)AAa district attorney, assistant district attorney,
criminal district attorney, assistant criminal district attorney,
county attorney, [or] assistant county attorney, or municipal
attorney.
SECTIONA2.AASection 46.035, Penal Code, is amended by adding
Subsection (h-2) to read as follows:
(h-2)AAIt is a defense to prosecution under Subsection (a)
that at the time of the commission of the offense the actor was a
district attorney, assistant district attorney, criminal district
attorney, assistant criminal district attorney, county attorney,
assistant county attorney, or municipal attorney.SECTIONA3.AASection 46.15(a), Penal Code, as effective
September 1, 2013, is amended to read as follows:
(a)AASections 46.02 and 46.03 do not apply to:
(1)AApeace 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)AAparole officers and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A)AAengaged in the actual discharge of the
officer ’s duties while carrying the weapon; and
(B)AAin 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)AAcommunity 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)AAengaged in the actual discharge of the
officer ’s duties while carrying the weapon; and
(B)AAauthorized to carry a weapon under Section
76.0051, Government Code;
(4)AAan active judicial officer as defined by Section
411.201, Government Code, who is licensed to carry a concealedhandgun under Subchapter H, Chapter 411, Government Code;
(5)AAan 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)AAan honorably retired peace officer;
(B)AAa qualified retired law enforcement officer;
(C)AAa federal criminal investigator; or
(D)AAa 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)AAa district attorney, criminal district attorney,
county attorney, or municipal attorney who is licensed to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code,
who is carrying the handgun in plain view or in a concealed manner;
(7)AAan assistant district attorney, assistant
criminal district attorney, or assistant county attorney who is
licensed to carry a concealed handgun under Subchapter H, Chapter
411, Government Code, who is carrying the handgun in plain view or
in a concealed manner;
(8)AAa bailiff designated by an active judicial officer
as defined by Section 411.201, Government Code, who is:
(A)AAlicensed to carry a concealed handgun under
Chapter 411, Government Code; and
(B)AAengaged in escorting the judicial officer; or
(9)AAa juvenile probation officer who is authorized to
carry a firearm under Section 142.006, Human Resources Code.
SECTIONA4.AAThe change in law made 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.
SECTIONA5.AAThis Act takes effect on the 91st day after the
last day of the legislative session.



Hope this came out correct.

We're in the 3rd special session.

Looks like another bill filed for the elite. I guess it will be easier to spot them dang lawyers with their shiny new sidearm hanging off the belt.