By Horn H.B. No. 1602
74R6006 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of unlawful carrying of a handgun.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 46.02, Penal Code, is amended by amending
1-5 Subsections (b) and (d) and by adding Subsection (g) to read as
1-6 follows:
1-7 (b) It is a defense to prosecution under this section for
1-8 the offense of carrying an illegal knife or club that the actor
1-9 was, at the time of the commission of the offense:
1-10 (1) in the actual discharge of his official duties as
1-11 a member of the armed forces or state military forces as defined by
1-12 Section 431.001, Government Code, or as a guard employed by a penal
1-13 institution;
1-14 (2) on his own premises or premises under his control
1-15 unless he is an employee or agent of the owner of the premises and
1-16 his primary responsibility is to act in the capacity of a security
1-17 guard to protect persons or property, in which event he must comply
1-18 with Subdivision (5);
1-19 (3) traveling;
1-20 (4) engaging in lawful hunting, fishing, or other
1-21 sporting activity on the immediate premises where the activity is
1-22 conducted, or was directly en route between the premises and the
1-23 actor's residence, if the weapon is a type commonly used in the
1-24 activity;
2-1 (5) a person who holds a security officer commission
2-2 issued by the Texas Board of Private Investigators and Private
2-3 Security Agencies, if:
2-4 (A) he is engaged in the performance of his
2-5 duties as a security officer or traveling to and from his place of
2-6 assignment;
2-7 (B) he is wearing a distinctive uniform; and
2-8 (C) the weapon is in plain view; or
2-9 (6) a peace officer, other than a person commissioned
2-10 by the Texas State Board of Pharmacy.
2-11 (d) It is a defense to prosecution under this section for
2-12 the offense of <carrying a firearm or> carrying a club that the
2-13 actor was, at the time of the commission of the offense, a public
2-14 security officer employed by the adjutant general under Section
2-15 431.029, Government Code, and was performing official duties or
2-16 traveling to or from a place of duty.
2-17 (g) It is a defense to prosecution under this section for
2-18 the offense of carrying a handgun that the actor was, at the time
2-19 of the commission of the offense, not engaged in the commission of
2-20 another offense or in immediate flight following the attempt to
2-21 commit or the commission of another offense.
2-22 SECTION 2. (a) The change in law made by this Act applies
2-23 only to an offense committed on or after the effective date of this
2-24 Act. For purposes of this section, an offense is committed before
2-25 the effective date of this Act if any element of the offense occurs
2-26 before that date.
2-27 (b) An offense committed before the effective date of this
3-1 Act is covered by the law in effect when the offense was committed,
3-2 and the former law is continued in effect for that purpose.
3-3 SECTION 3. This Act takes effect September 1, 1995.
3-4 SECTION 4. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended.