1-1 By: Place (Senate Sponsor - Patterson) H.B. No. 311
1-2 (In the Senate - Received from the House March 19, 1997;
1-3 March 24, 1997, read first time and referred to Committee on
1-4 Criminal Justice; May 5, 1997, reported favorably, as amended, by
1-5 the following vote: Yeas 6, Nays 1; May 5, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Patterson
1-7 Amend H.B. 311 in Section 4 of the House Engrossment, Page 4, Line
1-8 26, by striking "or as a guard employed by a penal institution;"
1-9 and replacing it with "or as an employee of a penal institution who
1-10 is performing a security function;"
1-11 COMMITTEE AMENDMENT NO. 2 By: Patterson
1-12 Amend House Bill 311, on page 4, line 16 by inserting a new Section
1-13 4, and renumbering subsequent sections of the bill as follows:
1-14 SECTION 4. Section 46.03, Penal Code, is amended by adding a
1-15 new Subsection (i) as follows:
1-16 (i) It is a defense to prosecution under Subsection
1-17 (a)(1)-(4) that at the time of the commission of the offense:
1-18 (1) the actor possessed a concealed handgun of the
1-19 same category the actor was licensed to carry under Article
1-20 4413(29ee), Revised Statutes;
1-21 (2) the handgun was in a secure position in a motor
1-22 vehicle in which the actor was the driver or a passenger; and
1-23 (3) the vehicle was in a driveway, road, parking area,
1-24 or other part of the premises that reasonably appeared to be a
1-25 place intended for use as a driveway, road, or parking area.
1-26 A BILL TO BE ENTITLED
1-27 AN ACT
1-28 relating to the prosecution of certain offenses involving firearms,
1-29 illegal knives, clubs, or prohibited weapons.
1-30 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-31 SECTION 1. Section 46.02, Penal Code, is amended to read as
1-32 follows:
1-33 Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
1-34 commits an offense if he intentionally, knowingly, or recklessly
1-35 carries on or about his person a handgun, illegal knife, or club.
1-36 (b) [It is a defense to prosecution under this section that
1-37 the actor was, at the time of the commission of the offense:]
1-38 [(1) in the actual discharge of his official duties as
1-39 a member of the armed forces or state military forces as defined by
1-40 Section 431.001, Government Code, or as a guard employed by a penal
1-41 institution;]
1-42 [(2) on his own premises or premises under his control
1-43 unless he is an employee or agent of the owner of the premises and
1-44 his primary responsibility is to act in the capacity of a security
1-45 guard to protect persons or property, in which event he must comply
1-46 with Subdivision (5);]
1-47 [(3) traveling;]
1-48 [(4) engaging in lawful hunting, fishing, or other
1-49 sporting activity on the immediate premises where the activity is
1-50 conducted, or was directly en route between the premises and the
1-51 actor's residence, if the weapon is a type commonly used in the
1-52 activity;]
1-53 [(5) a person who holds a security officer commission
1-54 issued by the Texas Board of Private Investigators and Private
1-55 Security Agencies, if:]
1-56 [(A) he is engaged in the performance of his
1-57 duties as a security officer or traveling to and from his place of
1-58 assignment;]
1-59 [(B) he is wearing a distinctive uniform; and]
1-60 [(C) the weapon is in plain view; or]
1-61 [(7) carrying a concealed handgun and a valid license
1-62 issued under Article 4413(29ee), Revised Statutes, to carry a
1-63 concealed handgun of the same category as the handgun the person is
1-64 carrying.]
2-1 [(7) a person who holds a security officer commission
2-2 and a personal protection authorization issued by the Texas Board
2-3 of Private Investigators and Private Security Agencies and who is
2-4 providing personal protection under the Private Investigators and
2-5 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
2-6 Civil Statutes).]
2-7 [(7) a holder of an alcoholic beverage permit or
2-8 license or an employee of a holder of an alcoholic beverage permit
2-9 or license if the actor is supervising the operation of the
2-10 permitted or licensed premises.]
2-11 [(c) It is a defense to prosecution under this section for
2-12 the offense of carrying a club that the actor was, at the time of
2-13 the commission of the offense, a noncommissioned security guard at
2-14 an institution of higher education who carried a nightstick or
2-15 similar club, and who had undergone 15 hours of training in the
2-16 proper use of the club, including at least seven hours of training
2-17 in the use of the club for nonviolent restraint. For the purposes
2-18 of this section, "nonviolent restraint" means the use of reasonable
2-19 force, not intended and not likely to inflict bodily injury.]
2-20 [(d) It is a defense to prosecution under this section for
2-21 the offense of carrying a firearm or carrying a club that the actor
2-22 was, at the time of the commission of the offense, a public
2-23 security officer employed by the adjutant general under Section
2-24 431.029, Government Code, and was performing official duties or
2-25 traveling to or from a place of duty.]
2-26 [(e)] Except as provided by Subsection (c) [(f)], an offense
2-27 under this section is a Class A misdemeanor.
2-28 (c) [(f)] An offense under this section is a felony of the
2-29 third degree if the offense is committed on any premises licensed
2-30 or issued a permit by this state for the sale of alcoholic
2-31 beverages.
2-32 SECTION 2. Section 46.03(a), Penal Code, is amended to read
2-33 as follows:
2-34 (a) A person commits an offense if the person intentionally,
2-35 knowingly, or recklessly possesses or goes [,] with a firearm,
2-36 illegal knife, club, or prohibited weapon listed in Section
2-37 46.05(a) [, he intentionally, knowingly, or recklessly goes]:
2-38 (1) on the physical premises of a school or
2-39 educational institution, any grounds or building on which an
2-40 activity sponsored by a school or educational institution is being
2-41 conducted, or a passenger transportation vehicle of a school or
2-42 educational institution, whether the school or educational
2-43 institution is public or private, unless pursuant to written
2-44 regulations or written authorization of the institution;
2-45 (2) on the premises of a polling place on the day of
2-46 an election or while early voting is in progress;
2-47 (3) in any government court or offices utilized by the
2-48 court, unless pursuant to written regulations or written
2-49 authorization of the court;
2-50 (4) on the premises of a racetrack; or
2-51 (5) in or into a secured area of an airport.
2-52 SECTION 3. Section 46.03(b), Penal Code, is amended to read
2-53 as follows:
2-54 (b) It is a defense to prosecution under Subsections
2-55 (a)(1)-(4) that the actor possessed a firearm while in the actual
2-56 discharge of his official duties as a [peace officer or a] member
2-57 of the armed forces or national guard or a guard employed by a
2-58 penal institution, or an officer of the court.
2-59 SECTION 4. Section 46.15, Penal Code, is amended to read as
2-60 follows:
2-61 Sec. 46.15. NONAPPLICABILITY [TO PEACE OFFICERS]. (a)
2-62 Sections 46.02 and 46.03 do not apply to peace officers and neither
2-63 section prohibits a peace officer from carrying a weapon in this
2-64 state, regardless of whether the officer is engaged in the actual
2-65 discharge of the officer's duties while carrying the weapon.
2-66 (b) Section 46.02 does not apply to a person who:
2-67 (1) is in the actual discharge of official duties as a
2-68 member of the armed forces or state military forces as defined by
2-69 Section 431.001, Government Code, or as a guard employed by a penal
3-1 institution;
3-2 (2) is on the person's own premises or premises under
3-3 the person's control unless the person is an employee or agent of
3-4 the owner of the premises and the person's primary responsibility
3-5 is to act in the capacity of a security guard to protect persons or
3-6 property, in which event the person must comply with Subdivision
3-7 (5);
3-8 (3) is traveling;
3-9 (4) is engaging in lawful hunting, fishing, or other
3-10 sporting activity on the immediate premises where the activity is
3-11 conducted, or is en route between the premises and the actor's
3-12 residence, if the weapon is a type commonly used in the activity;
3-13 (5) holds a security officer commission issued by the
3-14 Texas Board of Private Investigators and Private Security Agencies,
3-15 if:
3-16 (A) the person is engaged in the performance of
3-17 the person's duties as a security officer or traveling to and from
3-18 the person's place of assignment;
3-19 (B) the person is wearing a distinctive uniform;
3-20 and
3-21 (C) the weapon is in plain view;
3-22 (6) is carrying a concealed handgun and a valid
3-23 license issued under Article 4413(29ee), Revised Statutes, to carry
3-24 a concealed handgun of the same category as the handgun the person
3-25 is carrying;
3-26 (7) holds a security officer commission and a personal
3-27 protection authorization issued by the Texas Board of Private
3-28 Investigators and Private Security Agencies and who is providing
3-29 personal protection under the Private Investigators and Private
3-30 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
3-31 Statutes); or
3-32 (8) holds an alcoholic beverage permit or license or
3-33 is an employee of a holder of an alcoholic beverage permit or
3-34 license if the person is supervising the operation of the permitted
3-35 or licensed premises.
3-36 (c) The provision of Section 46.02 prohibiting the carrying
3-37 of a club does not apply to a noncommissioned security guard at an
3-38 institution of higher education who carries a nightstick or similar
3-39 club, and who has undergone 15 hours of training in the proper use
3-40 of the club, including at least seven hours of training in the use
3-41 of the club for nonviolent restraint. For the purposes of this
3-42 subsection, "nonviolent restraint" means the use of reasonable
3-43 force, not intended and not likely to inflict bodily injury.
3-44 (d) The provisions of Section 46.02 prohibiting the carrying
3-45 of a firearm or carrying of a club do not apply to a public
3-46 security officer employed by the adjutant general under Section
3-47 431.029, Government Code, in performance of official duties or
3-48 while traveling to or from a place of duty.
3-49 SECTION 5. The importance of this legislation and the
3-50 crowded condition of the calendars in both houses create an
3-51 emergency and an imperative public necessity that the
3-52 constitutional rule requiring bills to be read on three several
3-53 days in each house be suspended, and this rule is hereby suspended,
3-54 and that this Act take effect and be in force from and after its
3-55 passage, and it is so enacted.
3-56 * * * * *