Relating to the carrying of weapons by community supervision and corrections department officers, juvenile probation officers, and certain retired law enforcement officers and to criminal liability for taking a weapon from certain of those officers.

89(R) HB 658 - Engrossed version - Bill Text

89R12 LHC-D

By: Tepper

H.B. No. 658

A BILL TO BE ENTITLED

AN ACT

relating to the carrying of weapons by community supervision and

corrections department officers, juvenile probation officers, and

certain retired law enforcement officers and to criminal liability

for taking a weapon from certain of those officers.

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

SECTION 1. Article 2A.052, Code of Criminal Procedure, is

amended by amending Subsection (b) and adding Subsection (b-1) to

read as follows:

(b) An establishment serving the public may not prohibit or

otherwise restrict a peace officer
, a
[
or
] special investigator
, a

community supervision and corrections department officer, or a

juvenile probation officer described by Section 46.15(a)(1), (3),

or (9), Penal Code, as applicable,
from carrying on the

establishment's premises a weapon that the officer or investigator

is otherwise authorized to carry, regardless of whether the officer

or investigator is engaged in the actual discharge of the officer's

or investigator's duties while carrying the weapon.

(b-1)

An establishment serving the public may not prohibit

or otherwise restrict an honorably retired peace officer or other

qualified retired law enforcement officer described by Section

46.15(a)(5), Penal Code, from carrying on the establishment's

premises a weapon that the officer is otherwise authorized to

carry.

SECTION 2. Article 17.03(b-3)(2), Code of Criminal

Procedure, is amended to read as follows:

(2) "Offense involving violence" means an offense

under the following provisions of the Penal Code:

(A) Section 19.02 (murder);

(B) Section 19.03 (capital murder);

(C) Section 20.03 (kidnapping);

(D) Section 20.04 (aggravated kidnapping);

(E) Section 20A.02 (trafficking of persons);

(F) Section 20A.03 (continuous trafficking of

persons);

(G) Section 21.02 (continuous sexual abuse of

young child or disabled individual);

(H) Section 21.11 (indecency with a child);

(I) Section 22.01(a)(1) (assault), if the

offense is:

(i) punishable as a felony of the second

degree under Subsection (b-2) of that section; or

(ii) punishable as a felony and involved

family violence as defined by Section 71.004, Family Code;

(J) Section 22.011 (sexual assault);

(K) Section 22.02 (aggravated assault);

(L) Section 22.021 (aggravated sexual assault);

(M) Section 22.04 (injury to a child, elderly

individual, or disabled individual);

(N) Section 25.072 (repeated violation of

certain court orders or conditions of bond in family violence,

child abuse or neglect, sexual assault or abuse, indecent assault,

stalking, or trafficking case);

(O) Section 25.11 (continuous violence against

the family);

(P) Section 29.03 (aggravated robbery);

(Q) Section 38.14 (taking or attempting to take

weapon from
certain individuals working in public safety
[
peace

officer, federal special investigator, employee or official of

correctional facility, parole officer, community supervision and

corrections department officer, or commissioned security

officer
]);

(R) Section 43.04 (aggravated promotion of

prostitution), if the defendant is not alleged to have engaged in

conduct constituting an offense under Section 43.02(a);

(S) Section 43.05 (compelling prostitution); or

(T) Section 43.25 (sexual performance by a

child).

SECTION 3. Section 76.0051, Government Code, is amended to

read as follows:

Sec. 76.0051. AUTHORIZATION TO CARRY WEAPON. An officer is

authorized to carry a weapon
under this section, regardless of

whether the officer is
[
while
] engaged in the actual discharge of

the officer's duties
,
only if:

(1) the officer possesses a certificate of firearms

proficiency issued by the Texas Commission on Law Enforcement under

Section 1701.257, Occupations Code; and

(2) the director of the department agrees to the

authorization.

SECTION 4. Section 142.006(a), Human Resources Code, is

amended to read as follows:

(a) A juvenile probation officer may carry a firearm
under

this section, regardless of whether the officer is carrying the

firearm
in the course of the officer's official duties
,
if:

(1) the juvenile probation officer possesses a

certificate of firearms proficiency issued by the Texas Commission

on Law Enforcement under Section 1701.259, Occupations Code;

(2) the chief juvenile probation officer of the

juvenile probation department that employs the juvenile probation

officer authorizes the juvenile probation officer to carry a

firearm in the course of the officer's official duties; and

(3) the juvenile probation officer has been employed

for at least one year by the juvenile probation department

described by Subdivision (2).

SECTION 5. The heading to Section 38.14, Penal Code, is

amended to read as follows:

Sec. 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM

CERTAIN INDIVIDUALS WORKING IN PUBLIC SAFETY
[
PEACE OFFICER,

FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL

FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS

DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER
].

SECTION 6. Sections 38.14(b), (c), and (d), Penal Code, are

amended to read as follows:

(b) A person commits an offense if the person intentionally

or knowingly and with force takes or attempts to take from a peace

officer, federal special investigator, employee or official of a

correctional facility, parole officer, community supervision and

corrections department officer,
juvenile probation officer,
or

commissioned security officer the officer's, investigator's,

employee's, or official's firearm, nightstick, stun gun, or

personal protection chemical dispensing device.

(c) The actor is presumed to have known that the peace

officer, federal special investigator, employee or official of a

correctional facility, parole officer, community supervision and

corrections department officer,
juvenile probation officer,
or

commissioned security officer was a peace officer, federal special

investigator, employee or official of a correctional facility,

parole officer, community supervision and corrections department

officer,
juvenile probation officer,
or commissioned security

officer if:

(1) the officer, investigator, employee, or official

was wearing a distinctive uniform or badge indicating his

employment; or

(2) the officer, investigator, employee, or official

identified himself as a peace officer, federal special

investigator, employee or official of a correctional facility,

parole officer, community supervision and corrections department

officer,
juvenile probation officer,
or commissioned security

officer.

(d) It is a defense to prosecution under this section that

the defendant took or attempted to take the weapon from a peace

officer, federal special investigator, employee or official of a

correctional facility, parole officer, community supervision and

corrections department officer,
juvenile probation officer,
or

commissioned security officer who was using force against the

defendant or another in excess of the amount of force permitted by

law.

SECTION 7. 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 authorized to carry a weapon under Section 76.0051,

Government Code,
and neither section prohibits
the
[
an
] officer

from carrying a weapon in this state
, including in an establishment

serving the public, regardless of whether
[
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
, and neither section prohibits the

officer from carrying a weapon in this state, including in an

establishment serving the public
;

(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
, and

neither section prohibits the officer from carrying a firearm in

this state, including in an establishment serving the public,

regardless of whether the officer is carrying the firearm in the

course of the officer's official duties
;

(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
; or

(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.

SECTION 8. Section 46.15, Penal Code, is amended by adding

Subsection (c) to read as follows:

(c)

In this section, "establishment serving the public" has

the meaning assigned by Article 2A.052, Code of Criminal Procedure.

SECTION 9. Article 2A.052, Code of Criminal Procedure, as

amended by this Act, applies only to a cause of action that accrues

on or after the effective date of this Act.

SECTION 10. Section 76.0051, Government Code, as amended by

this Act, and Section 142.006, Human Resources Code, as amended by

this Act, apply only to the carrying of a weapon or firearm on or

after the effective date of this Act.

SECTION 11. Sections 38.14 and 46.15, Penal Code, as

amended by this Act, apply 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 12. 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 13. This Act takes effect September 1, 2025.