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 The following laws are repealed: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.