Texas Penal Code 46.15 – Nonapplicability
Text of subsection effective until January 01, 2025
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace 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) 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 § 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 § 76.0051, Government Code;
(4) an active or retired judicial officer as defined by § 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. § 926C, who holds a certificate of proficiency issued under § 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 § 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 § 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
Terms Used In Texas Penal Code 46.15
- Agency: includes authority, board, bureau, commission, committee, council, department, district, division, and office. See Texas Penal Code 1.07
- Bailiff: a court officer who enforces the rules of behavior in courtrooms.
- Government: means :
(A) the state;
(B) a county, municipality, or political subdivision of the state; or
(C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07 - Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
- Peace officer: means a person elected, employed, or appointed as a peace officer under Article Texas Penal Code 1.07
- Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
- Possession: means actual care, custody, control, or management. See Texas Penal Code 1.07
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005