TITLE: Relating to the application of certain concealed handgun license laws to statewide elected officials and certain current and former members of the legislature.

SUMMARY: Relating to the application of certain concealed handgun license laws to statewide elected officials and certain current and former members of the legislature.

FULL TEXT:
AN ACT relating to the application of certain concealed handgun license laws to statewide elected officials and certain current and former members of the legislature. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. 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 district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney;(4) a statewide elected official; or (5) a member of the legislature.SECTION 2. Section 46.035, Penal Code, is amended by adding Subsection (h-2) to read as follows: (h-2) 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 a person who, on September 1, 2011, was serving as a member of the legislature and possessed a concealed handgun license under Subchapter H, Chapter 411, Government Code, if the person is no longer a member at the time of the offense and if the license has not yet been subject to renewal since the person ceased to be a member. This subsection expires on September 1, 2020. SECTION 3. 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 4. This Act takes effect September 1, 2011.