By Ellis                                        S.B. No. 1471

      75R27 PEP-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the repeal of the law authorizing the issuance of a

 1-3     license to carry a concealed handgun.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  The following laws are repealed:

 1-6                 (1)  Article 4413(29ee), Revised Statutes;

 1-7                 (2)  Sections 46.03(f) and 46.035, Penal Code;

 1-8                 (3)  Section 51.16(m), Family Code; and

 1-9                 (4)  Section 411.047, Government Code.

1-10           SECTION 2.  Section 46.02(b), Penal Code, as amended by

1-11     Chapters 229, 318, 754, 790, and 998, Acts of the 74th Legislature,

1-12     Regular Session, 1995, is amended to read as follows:

1-13           (b)  It is a defense to prosecution under this section that

1-14     the actor was, at the time of the commission of the offense:

1-15                 (1)  in the actual discharge of his official duties as

1-16     a member of the armed forces or state military forces as defined by

1-17     Section 431.001, Government Code, or as a guard employed by a penal

1-18     institution;

1-19                 (2)  on his own premises or premises under his control

1-20     unless he is an employee or agent of the owner of the premises and

1-21     his primary responsibility is to act in the capacity of a security

1-22     guard to protect persons or property, in which event he must comply

1-23     with Subdivision (5);

1-24                 (3)  traveling;

 2-1                 (4)  engaging in lawful hunting, fishing, or other

 2-2     sporting activity on the immediate premises where the activity is

 2-3     conducted, or was directly en route between the premises and the

 2-4     actor's residence, if the weapon is a type commonly used in the

 2-5     activity; [or]

 2-6                 (5)  a person who holds a security officer commission

 2-7     issued by the Texas Board of Private Investigators and Private

 2-8     Security Agencies, if:

 2-9                       (A)  he is engaged in the performance of his

2-10     duties as a security officer or traveling to and from his place of

2-11     assignment;

2-12                       (B)  he is wearing a distinctive uniform; and

2-13                       (C)  the weapon is in plain view;[.]

2-14                 [(7)  carrying a concealed handgun and a valid license

2-15     issued under Article 4413(29ee), Revised Statutes, to carry a

2-16     concealed handgun of the same category as the handgun the person is

2-17     carrying.]

2-18                 (6) [(7)]  a person who holds a security officer

2-19     commission and a personal protection authorization issued by the

2-20     Texas Board of Private Investigators and Private Security Agencies

2-21     and who is providing personal protection under the Private

2-22     Investigators and Private Security Agencies Act (Article

2-23     4413(29bb), Vernon's Texas Civil Statutes); or[.]

2-24                 (7)  a holder of an alcoholic beverage permit or

2-25     license or an employee of a holder of an alcoholic beverage permit

2-26     or license if the actor is supervising the operation of the

2-27     permitted or licensed premises.

 3-1           SECTION 3.  Section 215.001(b), Local Government Code, is

 3-2     amended to read as follows:

 3-3           (b)  Subsection (a) does not affect the authority a

 3-4     municipality has under another law to:

 3-5                 (1)  require residents or public employees to be armed

 3-6     for personal or national defense, law enforcement, or another

 3-7     lawful purpose;

 3-8                 (2)  regulate the discharge of firearms within the

 3-9     limits of the municipality;

3-10                 (3)  regulate the use of property, the location of a

3-11     business, or uses at a business under the municipality's fire code,

3-12     zoning ordinance, or land-use regulations as long as the code,

3-13     ordinance, or regulations are not used to circumvent the intent of

3-14     Subsection (a) or Subdivision (5) of this subsection;

3-15                 (4)  regulate the use of firearms in the case of an

3-16     insurrection, riot, or natural disaster if the municipality finds

3-17     the regulations necessary to protect public health and safety;

3-18                 (5)  regulate the storage or transportation of

3-19     explosives to protect public health and safety, except that 25

3-20     pounds or less of black powder for each private residence and 50

3-21     pounds or less of black powder for each retail dealer are not

3-22     subject to regulation; or

3-23                 (6)  regulate the carrying of a firearm [by a person

3-24     other than a person licensed to carry a concealed handgun under

3-25     Article 4413(29ee), Revised Statutes,] at a:

3-26                       (A)  public park;

3-27                       (B)  public meeting of a municipality, county, or

 4-1     other governmental body;

 4-2                       (C)  political rally, parade, or official

 4-3     political meeting; or

 4-4                       (D)  nonfirearms-related school, college, or

 4-5     professional athletic event.

 4-6           SECTION 4.  A license to carry a concealed handgun that was

 4-7     issued under Article 4413(29ee), Revised Statutes, as that article

 4-8     existed prior to repeal by this Act, expires on September 1, 1997,

 4-9     and may not be modified or renewed on or after that date.

4-10           SECTION 5.  (a)  The change in law made by this Act applies

4-11     only to an offense committed on or after the effective date of this

4-12     Act.  For purposes of this section, an offense is committed before

4-13     the effective date of this Act if any element of the offense occurs

4-14     before that date.

4-15           (b)  An offense committed before the effective date of this

4-16     Act is covered by the law in effect when the offense was committed,

4-17     and the former law is continued in effect for this purpose.

4-18           SECTION 6.  This Act takes effect September 1, 1997.

4-19           SECTION 7.  The importance of this legislation and the

4-20     crowded condition of the calendars in both houses create an

4-21     emergency and an imperative public necessity that the

4-22     constitutional rule requiring bills to be read on three several

4-23     days in each house be suspended, and this rule is hereby suspended.