Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 411.201 - Active And Retired Judicial Officers; Certain Court Officers(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 Section 26.023 or 26.024;(B) a senior judge designated under Section 75.001 or a judicial officer as designated or defined by Section 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.(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 Section 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 Section 411.183 and may be renewed in accordance with Section 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. Tex. Gov't. Code § 411.201
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 1077,Sec. 3, eff. 9/1/2023.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 1077,Sec. 2, eff. 9/1/2023.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 1143,Sec. 4, eff. 9/1/2017.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 179,Sec. 8, eff. 9/1/2017.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 437,Sec. 26, eff. 1/1/2016.Amended by Acts 2013, Texas Acts of the 83rd Leg. - Regular Session, ch. 1387,Sec. 4, eff. 9/1/2013.Amended By Acts 2011, 82nd Leg., 1st C.S., Ch. 3, Sec. 13.01, eff. 9/28/2011.Amended By Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 11.18, eff. 9/1/2009.Amended By Acts 2007, 80th Leg., R.S., Ch. 402, Sec. 1, eff. 6/15/2007.Amended By Acts 2007, 80th Leg., R.S., Ch. 1222, Sec. 4, eff. 6/15/2007.Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. 9/1/1997.