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 an employee of 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;]

1-22                 [(4)  engaging in lawful hunting, fishing, or other

1-23     sporting activity on the immediate premises where the activity is

1-24     conducted, or was directly en route between the premises and the

 2-1     actor's residence, if the weapon is a type commonly used in the

 2-2     activity;]

 2-3                 [(5)  a person who holds a security officer commission

 2-4     issued by the Texas Board of Private Investigators and Private

 2-5     Security Agencies, if:]

 2-6                       [(A)  he is engaged in the performance of his

 2-7     duties as a security officer or traveling to and from his place of

 2-8     assignment;]

 2-9                       [(B)  he is wearing a distinctive uniform; and]

2-10                       [(C)  the weapon is in plain view; or]

2-11                 [(7)  carrying a concealed handgun and a valid license

2-12     issued under Article 4413(29ee), Revised Statutes, to carry a

2-13     concealed handgun of the same category as the handgun the person is

2-14     carrying.]

2-15                 [(7)  a person who holds a security officer commission

2-16     and a personal protection authorization issued by the Texas Board

2-17     of Private Investigators and Private Security Agencies and who is

2-18     providing personal protection under the Private Investigators and

2-19     Private Security Agencies Act (Article 4413(29bb), Vernon's Texas

2-20     Civil Statutes).]

2-21                 [(7)  a holder of an alcoholic beverage permit or

2-22     license or an employee of a holder of an alcoholic beverage permit

2-23     or license if the actor is supervising the operation of the

2-24     permitted or licensed premises.]

2-25           [(c)  It is a defense to prosecution under this section for

2-26     the offense of carrying a club that the actor was, at the time of

2-27     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

 4-1     conducted, or a passenger transportation vehicle of a school or

 4-2     educational institution, whether the school or educational

 4-3     institution is public or private, unless pursuant to written

 4-4     regulations or written authorization of the institution;

 4-5                 (2)  on the premises of a polling place on the day of

 4-6     an election or while early voting is in progress;

 4-7                 (3)  in any government court or offices utilized by the

 4-8     court, unless pursuant to written regulations or written

 4-9     authorization of the court;

4-10                 (4)  on the premises of a racetrack; or

4-11                 (5)  in or into a secured area of an airport.

4-12           SECTION 3.  Sections 46.03(b) and (c), Penal Code, are

4-13     amended to read as follows:

4-14           (b)  It is a defense to prosecution under Subsections

4-15     (a)(1)-(4) that the actor possessed a firearm while in the actual

4-16     discharge of his official duties as a [peace officer or a] member

4-17     of the armed forces or national guard or a guard employed by a

4-18     penal institution, or an officer of the court.

4-19           (c)  In this section:

4-20                 (1)  "Premises" has the meaning assigned by Section

4-21     46.035.

4-22                 (2)  "Secured ["secured] area" means an area of an

4-23     airport terminal building to which access is controlled by the

4-24     inspection of persons and property under federal law.

4-25                        SECTION 4.  Section 46.15, Penal Code, is

4-26     amended to read as follows:

4-27           Sec. 46.15.  NONAPPLICABILITY [TO PEACE OFFICERS].  (a)

 5-1     Sections 46.02 and 46.03 do not apply to peace officers and neither

 5-2     section prohibits a peace officer from carrying a weapon in this

 5-3     state, regardless of whether the officer is engaged in the actual

 5-4     discharge of the officer's duties while carrying the weapon.

 5-5           (b)  Section 46.02 does not apply to a person who:

 5-6                 (1)  is in the actual discharge of official duties as a

 5-7     member of the armed forces or state military forces as defined by

 5-8     Section 431.001, Government Code, or as an employee of a penal

 5-9     institution who is performing a security function;

5-10                 (2)  is on the person's own premises or premises under

5-11     the person's control unless the person is an employee or agent of

5-12     the owner of the premises and the person's primary responsibility

5-13     is to act in the capacity of a security guard to protect persons or

5-14     property, in which event the person must comply with Subdivision

5-15     (5);

5-16                 (3)  is traveling;

5-17                 (4)  is engaging in lawful hunting, fishing, or other

5-18     sporting activity on the immediate premises where the activity is

5-19     conducted, or is en route between the premises and the actor's

5-20     residence, if the weapon is a type commonly used in the activity;

5-21                 (5)  holds a security officer commission issued by the

5-22     Texas Board of Private Investigators and Private Security Agencies,

5-23     if:

5-24                       (A)  the person is engaged in the performance of

5-25     the person's duties as a security officer or traveling to and from

5-26     the person's place of assignment;

5-27                       (B)  the person is wearing a distinctive uniform;

 6-1     and

 6-2                       (C)  the weapon is in plain view;

 6-3                 (6)  is carrying a concealed handgun and a valid

 6-4     license issued under Article 4413(29ee), Revised Statutes, to carry

 6-5     a concealed handgun of the same category as the handgun the person

 6-6     is carrying;

 6-7                 (7)  holds a security officer commission and a personal

 6-8     protection authorization issued by the Texas Board of Private

 6-9     Investigators and Private Security Agencies and who is providing

6-10     personal protection under the Private Investigators and Private

6-11     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

6-12     Statutes); or

6-13                 (8)  holds an alcoholic beverage permit or license or

6-14     is an employee of a holder of an alcoholic beverage permit or

6-15     license if the person is supervising the operation of the permitted

6-16     or licensed premises.

6-17           (c)  The provision of Section 46.02 prohibiting the carrying

6-18     of a club does not apply to a noncommissioned security guard at an

6-19     institution of higher education who carries a nightstick or similar

6-20     club, and who has undergone 15 hours of training in the proper use

6-21     of the club, including at least seven hours of training in the use

6-22     of the club for nonviolent restraint.  For the purposes of this

6-23     subsection, "nonviolent restraint" means the use of reasonable

6-24     force, not intended and not likely to inflict bodily injury.

6-25           (d)  The provisions of Section 46.02 prohibiting the carrying

6-26     of a firearm or carrying of a club do not apply to a public

6-27     security officer employed by the adjutant general under Section

 7-1     431.029, Government Code, in performance of official duties or

 7-2     while traveling to or from a place of duty.

 7-3           SECTION 5.  The importance of this legislation and the

 7-4     crowded condition of the calendars in both houses create an

 7-5     emergency and an imperative public necessity that the

 7-6     constitutional rule requiring bills to be read on three several

 7-7     days in each house be suspended, and this rule is hereby suspended,

 7-8     and that this Act take effect and be in force from and after its

 7-9     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 311 was passed by the House on March

         18, 1997, by the following vote:  Yeas 143, Nays 0, 1 present, not

         voting; that the House refused to concur in Senate amendments to

         H.B. No. 311 on May 13, 1997, and requested the appointment of a

         conference committee to consider the differences between the two

         houses; and that the House adopted the conference committee report

         on H.B. No. 311 on May 30, 1997, by the following vote:  Yeas 141,

         Nays 0, 1 present, not voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 311 was passed by the Senate, with

         amendments, on May 8, 1997, by the following vote:  Yeas 29, Nays

         2; at the request of the House, the Senate appointed a conference

         committee to consider the differences between the two houses; and

         that the Senate adopted the conference committee report on H.B. No.

         311 on May 31, 1997, by the following vote:  Yeas 30, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor