Texas Government Code 411.201 – Active and Retired Judicial Officers; Certain Court Officers
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(a) In this section:
(1) “Active judicial officer” means:
(A) a person serving as a judge or justice of the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court;
(B) a federal judge who is a resident of this state; or
(C) a person appointed and serving as an associate judge under Chapter 201, Family Code.
(2) “Federal judge” means:
(A) a judge of a United States court of appeals;
(B) a judge of a United States district court;
(C) a judge of a United States bankruptcy court; or
(D) a magistrate judge of a United States district court.
(3) “Retired judicial officer” means:
(A) a visiting judge appointed under § 26.023 or 26.024;
(B) a senior judge designated under § 75.001 or a judicial officer as designated or defined by § 75.001, 831.001, or 836.001; or
(C) a retired federal judge who is a resident of this state.
(b) Notwithstanding any other provision of this subchapter, the department shall issue a license under this subchapter to an active or retired judicial officer who meets the requirements of this section.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Government Code 411.201
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) An active judicial officer is eligible for a license to carry a handgun under the authority of this subchapter. A retired judicial officer is eligible for a license to carry a handgun under the authority of this subchapter if the officer:
(1) has not been convicted of a felony;
(2) has not, in the five years preceding the date of application, been convicted of a Class A or Class B misdemeanor or equivalent offense;
(3) is not charged with the commission of a Class A or Class B misdemeanor or equivalent offense or of a felony under an information or indictment;
(4) is not a chemically dependent person; and
(5) is not a person of unsound mind.
(d) An applicant for a license who is an active or retired judicial officer must submit to the department:
(1) a completed application, including all required affidavits, on a form prescribed by the department;
(2) one or more photographs of the applicant that meet the requirements of the department;
(3) two complete sets of legible and classifiable fingerprints of the applicant, including one set taken by a person employed by a law enforcement agency who is appropriately trained in recording fingerprints;
(4) evidence of handgun proficiency, in the form and manner required by the department for an applicant under this section;
(5) a nonrefundable application and license fee of $25; and
(6) if the applicant is a retired judicial officer, a form executed by the applicant that authorizes the department to make an inquiry into any noncriminal history records that are necessary to determine the applicant’s eligibility for a license under this subchapter.
(e) On receipt of all the application materials required by this section, the department shall:
(1) if the applicant is an active judicial officer, issue a license to carry a handgun under the authority of this subchapter; or
(2) if the applicant is a retired judicial officer, conduct an appropriate background investigation to determine the applicant’s eligibility for the license and, if the applicant is eligible, issue a license to carry a handgun under the authority of this subchapter.
(f) Except as otherwise provided by this subsection, an applicant for a license under this section must satisfy the handgun proficiency requirements of § 411.188. The classroom instruction part of the proficiency course for an active judicial officer is not subject to a minimum hour requirement. The instruction must include instruction only on:
(1) handgun use, proficiency, and safety; and
(2) proper storage practices for handguns with an emphasis on storage practices that eliminate the possibility of accidental injury to a child.
(g) A license issued under this section expires as provided by § 411.183 and may be renewed in accordance with § 411.185.
(h) The department shall issue a license to carry a handgun under the authority of this subchapter to an applicant who meets the requirements of this section for an active judicial officer and who is a United States attorney or an assistant United States attorney, an attorney elected or employed to represent the state in the prosecution of felony cases, or a district or county clerk. The department shall waive any fee required for the issuance of an original, duplicate, or renewed license under this subchapter for an applicant who is a United States attorney or an assistant United States attorney, an attorney elected or employed to represent the state in the prosecution of felony cases, or a district or county clerk.