75R6652 GWK-D                           

         By Place                                               H.B. No. 311

         Substitute the following for H.B. No. 311:

         By Place                                           C.S.H.B. No. 311

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the prosecution of certain offenses involving handguns,

 1-3     illegal knives, or clubs.

 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;]

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(b), Penal Code, is amended to read

3-20     as follows:

3-21           (b)  It is a defense to prosecution under Subsections

3-22     (a)(1)-(4) that the actor possessed a firearm while in the actual

3-23     discharge of his official duties as a [peace officer or a] member

3-24     of the armed forces or national guard or a guard employed by a

3-25     penal institution, or an officer of the court.

3-26           SECTION 3.  Section 46.15, Penal Code, is amended to read as

3-27     follows:

 4-1           Sec. 46.15.  NONAPPLICABILITY [TO PEACE OFFICERS].  (a)

 4-2     Sections 46.02 and 46.03 do not apply to peace officers and neither

 4-3     section prohibits a peace officer from carrying a weapon in this

 4-4     state, regardless of whether the officer is engaged in the actual

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

 4-6           (b)  Section 46.02 does not apply to a person who:

 4-7                 (1)  is in the actual discharge of official duties as a

 4-8     member of the armed forces or state military forces as defined by

 4-9     Section 431.001, Government Code, or as a guard employed by a penal

4-10     institution;

4-11                 (2)  is on the person's own premises or premises under

4-12     the person's control unless the person is an employee or agent of

4-13     the owner of the premises and the person's primary responsibility

4-14     is to act in the capacity of a security guard to protect persons or

4-15     property, in which event the person must comply with Subdivision

4-16     (5);

4-17                 (3)  is traveling;

4-18                 (4)  is engaging in lawful hunting, fishing, or other

4-19     sporting activity on the immediate premises where the activity is

4-20     conducted, or is en route between the premises and the actor's

4-21     residence, if the weapon is a type commonly used in the activity;

4-22                 (5)  holds a security officer commission issued by the

4-23     Texas Board of Private Investigators and Private Security Agencies,

4-24     if:

4-25                       (A)  the person is engaged in the performance of

4-26     the person's duties as a security officer or traveling to and from

4-27     the person's place of assignment;

 5-1                       (B)  the person is wearing a distinctive uniform;

 5-2     and

 5-3                       (C)  the weapon is in plain view;

 5-4                 (6)  is carrying a concealed handgun and a valid

 5-5     license issued under Article 4413(29ee), Revised Statutes, to carry

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

 5-7     is carrying;

 5-8                 (7)  holds a security officer commission and a personal

 5-9     protection authorization issued by the Texas Board of Private

5-10     Investigators and Private Security Agencies and who is providing

5-11     personal protection under the Private Investigators and Private

5-12     Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil

5-13     Statutes); or

5-14                 (8)  holds an alcoholic beverage permit or license or

5-15     is an employee of a holder of an alcoholic beverage permit or

5-16     license if the person is supervising the operation of the permitted

5-17     or licensed premises.

5-18           (c)  The provision of Section 46.02 prohibiting the carrying

5-19     of a club does not apply to a noncommissioned security guard at an

5-20     institution of higher education who carries a nightstick or similar

5-21     club, and who has undergone 15 hours of training in the proper use

5-22     of the club, including at least seven hours of training in the use

5-23     of the club for nonviolent restraint.  For the purposes of this

5-24     subsection, "nonviolent restraint" means the use of reasonable

5-25     force, not intended and not likely to inflict bodily injury.

5-26           (d)  The provisions of Section 46.02 prohibiting the carrying

5-27     of a firearm or carrying of a club do not apply to a public

 6-1     security officer employed by the adjutant general under Section

 6-2     431.029, Government Code, in performance of official duties or

 6-3     while traveling to or from a place of duty.

 6-4           SECTION 4.  The importance of this legislation and the

 6-5     crowded condition of the calendars in both houses create an

 6-6     emergency and an imperative public necessity that the

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

 6-8     days in each house be suspended, and this rule is hereby suspended,

 6-9     and that this Act take effect and be in force from and after its

6-10     passage, and it is so enacted.