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