HB2215 - Relating to the carrying or possession of a handgun by certain retired attorneys representing the state.

  89R11175 JSC-D     By: LaHood, Lujan, Johnson, Pierson, H.B. No. 2215       Louderback, et al.       A BILL TO BE ENTITLED   AN ACT   relating to the carrying or possession of a handgun by certain   retired attorneys representing the state.          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 person who retired after serving as an attorney   described by Subdivision (6) or (7) and who is licensed to carry a   handgun under Subchapter H, Chapter 411, Government Code;                 (9)   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;                 (10)  [ (9) ]  a juvenile probation officer who is   authorized to carry a firearm under Section 142.006, Human   Resources Code;                 (11)  [ (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 ]                 (12)  [ (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 ; or                 (13)  [ (11) ]  a district or county clerk who is carrying   a handgun the clerk 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 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.  To the extent of any conflict, this Act prevails   over another Act of the 89th Legislature, Regular Session, 2025,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 4.  This Act takes effect September 1, 2025.