By Place H.B. No. 311
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of certain offenses involving firearms,
1-3 illegal knives, clubs, or prohibited weapons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 46.02, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
1-8 commits an offense if he intentionally, knowingly, or recklessly
1-9 carries on or about his person a handgun, illegal knife, or club.
1-10 (b) [It is a defense to prosecution under this section that
1-11 the actor was, at the time of the commission of the offense:]
1-12 [(1) in the actual discharge of his official duties as
1-13 a member of the armed forces or state military forces as defined by
1-14 Section 431.001, Government Code, or as a guard employed by a penal
1-15 institution;]
1-16 [(2) on his own premises or premises under his control
1-17 unless he is an employee or agent of the owner of the premises and
1-18 his primary responsibility is to act in the capacity of a security
1-19 guard to protect persons or property, in which event he must comply
1-20 with Subdivision (5);]
1-21 [(3) traveling;]
2-1 [(4) engaging in lawful hunting, fishing, or other
2-2 sporting activity on the immediate premises where the activity is
2-3 conducted, or was directly en route between the premises and the
2-4 actor's residence, if the weapon is a type commonly used in the
2-5 activity;]
2-6 [(5) a person who holds a security officer commission
2-7 issued by the Texas Board of Private Investigators and Private
2-8 Security Agencies, if:]
2-9 [(A) he is engaged in the performance of his
2-10 duties as a security officer or traveling to and from his place of
2-11 assignment;]
2-12 [(B) he is wearing a distinctive uniform; and]
2-13 [(C) the weapon is in plain view; or]
2-14 [(7) carrying a concealed handgun and a valid license
2-15 issued under Article 4413(29ee), Revised Statutes, to carry a
2-16 concealed handgun of the same category as the handgun the person is
2-17 carrying.]
2-18 [(7) a person who holds a security officer commission
2-19 and a personal protection authorization issued by the Texas Board
2-20 of Private Investigators and Private Security Agencies and who is
2-21 providing personal protection under the Private Investigators and
2-22 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
2-23 Civil Statutes).]
2-24 [(7) a holder of an alcoholic beverage permit or
2-25 license or an employee of a holder of an alcoholic beverage permit
2-26 or license if the actor is supervising the operation of the
2-27 permitted or licensed premises.]
2-28 [(c) It is a defense to prosecution under this section for
2-29 the offense of carrying a club that the actor was, at the time of
2-30 the commission of the offense, a noncommissioned security guard at
3-1 an institution of higher education who carried a nightstick or
3-2 similar club, and who had undergone 15 hours of training in the
3-3 proper use of the club, including at least seven hours of training
3-4 in the use of the club for nonviolent restraint. For the purposes
3-5 of this section, "nonviolent restraint" means the use of reasonable
3-6 force, not intended and not likely to inflict bodily injury.]
3-7 [(d) It is a defense to prosecution under this section for
3-8 the offense of carrying a firearm or carrying a club that the actor
3-9 was, at the time of the commission of the offense, a public
3-10 security officer employed by the adjutant general under Section
3-11 431.029, Government Code, and was performing official duties or
3-12 traveling to or from a place of duty.]
3-13 [(e)] Except as provided by Subsection (c) [(f)], an offense
3-14 under this section is a Class A misdemeanor.
3-15 (c) [(f)] An offense under this section is a felony of the
3-16 third degree if the offense is committed on any premises licensed
3-17 or issued a permit by this state for the sale of alcoholic
3-18 beverages.
3-19 SECTION 2. Section 46.03(a), Penal Code, is amended to read
3-20 as follows:
3-21 (a) A person commits an offense if the person intentionally,
3-22 knowingly, or recklessly possesses or goes [,] with a firearm,
3-23 illegal knife, club, or prohibited weapon listed in Section
3-24 46.05(a) [, he intentionally, knowingly, or recklessly goes]:
3-25 (1) on the physical premises of a school or
3-26 educational institution, any grounds or building on which an
3-27 activity sponsored by a school or educational institution is being
3-28 conducted, or a passenger transportation vehicle of a school or
3-29 educational institution, whether the school or educational
3-30 institution is public or private, unless pursuant to written
4-1 regulations or written authorization of the institution;
4-2 (2) on the premises of a polling place on the day of
4-3 an election or while early voting is in progress;
4-4 (3) in any government court or offices utilized by the
4-5 court, unless pursuant to written regulations or written
4-6 authorization of the court;
4-7 (4) on the premises of a racetrack; or
4-8 (5) in or into a secured area of an airport.
4-9 SECTION 3. Section 46.03(b), Penal Code, is amended to read
4-10 as follows:
4-11 (b) It is a defense to prosecution under Subsections
4-12 (a)(1)-(4) that the actor possessed a firearm while in the actual
4-13 discharge of his official duties as a [peace officer or a] member
4-14 of the armed forces or national guard or a guard employed by a
4-15 penal institution, or an officer of the court.
4-16 SECTION 4. Section 46.15, Penal Code, is amended to read as
4-17 follows:
4-18 Sec. 46.15. NONAPPLICABILITY [TO PEACE OFFICERS]. (a)
4-19 Sections 46.02 and 46.03 do not apply to peace officers and neither
4-20 section prohibits a peace officer from carrying a weapon in this
4-21 state, regardless of whether the officer is engaged in the actual
4-22 discharge of the officer's duties while carrying the weapon.
4-23 (b) Section 46.02 does not apply to a person who:
4-24 (1) is in the actual discharge of official duties as a
4-25 member of the armed forces or state military forces as defined by
4-26 Section 431.001, Government Code, or as a guard employed by a penal
4-27 institution;
4-28 (2) is on the person's own premises or premises under
4-29 the person's control unless the person is an employee or agent of
4-30 the owner of the premises and the person's primary responsibility
5-1 is to act in the capacity of a security guard to protect persons or
5-2 property, in which event the person must comply with Subdivision
5-3 (5);
5-4 (3) is traveling;
5-5 (4) is engaging in lawful hunting, fishing, or other
5-6 sporting activity on the immediate premises where the activity is
5-7 conducted, or is en route between the premises and the actor's
5-8 residence, if the weapon is a type commonly used in the activity;
5-9 (5) holds a security officer commission issued by the
5-10 Texas Board of Private Investigators and Private Security Agencies,
5-11 if:
5-12 (A) the person is engaged in the performance of
5-13 the person's duties as a security officer or traveling to and from
5-14 the person's place of assignment;
5-15 (B) the person is wearing a distinctive uniform;
5-16 and
5-17 (C) the weapon is in plain view;
5-18 (6) is carrying a concealed handgun and a valid
5-19 license issued under Article 4413(29ee), Revised Statutes, to carry
5-20 a concealed handgun of the same category as the handgun the person
5-21 is carrying;
5-22 (7) holds a security officer commission and a personal
5-23 protection authorization issued by the Texas Board of Private
5-24 Investigators and Private Security Agencies and who is providing
5-25 personal protection under the Private Investigators and Private
5-26 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
5-27 Statutes); or
5-28 (8) holds an alcoholic beverage permit or license or
5-29 is an employee of a holder of an alcoholic beverage permit or
5-30 license if the person is supervising the operation of the permitted
6-1 or licensed premises.
6-2 (c) The provision of Section 46.02 prohibiting the carrying
6-3 of a club does not apply to a noncommissioned security guard at an
6-4 institution of higher education who carries a nightstick or similar
6-5 club, and who has undergone 15 hours of training in the proper use
6-6 of the club, including at least seven hours of training in the use
6-7 of the club for nonviolent restraint. For the purposes of this
6-8 subsection, "nonviolent restraint" means the use of reasonable
6-9 force, not intended and not likely to inflict bodily injury.
6-10 (d) The provisions of Section 46.02 prohibiting the carrying
6-11 of a firearm or carrying of a club do not apply to a public
6-12 security officer employed by the adjutant general under Section
6-13 431.029, Government Code, in performance of official duties or
6-14 while traveling to or from a place of duty.
6-15 SECTION 5. The importance of this legislation and the
6-16 crowded condition of the calendars in both houses create an
6-17 emergency and an imperative public necessity that the
6-18 constitutional rule requiring bills to be read on three several
6-19 days in each house be suspended, and this rule is hereby suspended,
6-20 and that this Act take effect and be in force from and after its
6-21 passage, and it is so enacted.