bill exempting county commissioners from handgun-carry restrictions

The text as introduced · 711 words

89R5326 JSC-D

By: Guillen
H.B. No. 2993

A BILL TO BE ENTITLED

AN ACT

relating to the carrying of a handgun by a county commissioner in

certain locations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 46.15(a), Penal Code, as amended by

Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts

of the 88th Legislature, Regular Session, 2023, is reenacted and

amended to read as follows:

(a) Sections 46.02 and 46.03 do not apply to:

(1) peace officers or special investigators under

Article 2A.002, 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;

(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 ;

(12) [ (11) ] a district or county clerk who is carrying

a handgun the clerk is licensed to carry under Subchapter H, Chapter

411, Government Code ; or

(13) a county commissioner who is carrying a handgun

the commissioner is licensed to carry under Subchapter H, Chapter

411, Government Code .

SECTION 2. The 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.

SECTION 3. This Act takes effect September 1, 2025.