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.