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.