By Isett H.B. No. 2826
76R7297 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of the offense of unlawfully carrying a
1-3 handgun, illegal knife, or club.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 46.15(b), Penal Code, as amended by
1-6 Chapters 1221 and 1261, Acts of the 75th Legislature, Regular
1-7 Session, 1997, is amended to read as follows:
1-8 (b) It is an exception to the application of Section 46.02
1-9 that the [does not apply to a] person [who]:
1-10 (1) is in the actual discharge of official duties as a
1-11 member of the armed forces or state military forces as defined by
1-12 Section 431.001, Government Code, or as a guard employed by a penal
1-13 institution;
1-14 (2) is on the person's own premises or premises under
1-15 the person's control unless the person is an employee or agent of
1-16 the owner of the premises and the person's primary responsibility
1-17 is to act in the capacity of a security guard to protect persons or
1-18 property, in which event the person must comply with Subdivision
1-19 (5);
1-20 (3) is traveling;
1-21 (4) is engaging in lawful hunting, fishing, or other
1-22 sporting activity on the immediate premises where the activity is
1-23 conducted, or is en route between the premises and the actor's
1-24 residence, if the weapon is a type commonly used in the activity;
2-1 (5) holds a security officer commission issued by the
2-2 Texas Board of Private Investigators and Private Security Agencies,
2-3 if:
2-4 (A) the person is engaged in the performance of
2-5 the person's duties as a security officer or traveling to and from
2-6 the person's place of assignment;
2-7 (B) the person is wearing a distinctive uniform;
2-8 and
2-9 (C) the weapon is in plain view;
2-10 (6) is carrying a concealed handgun and a valid
2-11 license issued under Subchapter H, Chapter 411, Government Code
2-12 [Article 4413(29ee), Revised Statutes], to carry a concealed
2-13 handgun of the same category as the handgun the person is carrying;
2-14 (7) holds a security officer commission and a personal
2-15 protection authorization issued by the Texas Board of Private
2-16 Investigators and Private Security Agencies and who is providing
2-17 personal protection under the Private Investigators and Private
2-18 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
2-19 Statutes); or
2-20 (8) holds an alcoholic beverage permit or license or
2-21 is an employee of a holder of an alcoholic beverage permit or
2-22 license if the person is supervising the operation of the permitted
2-23 or licensed premises.
2-24 SECTION 2. (a) The change in law made by this Act applies
2-25 only to an offense committed on or after the effective date of this
2-26 Act. For purposes of this section, an offense is committed before
2-27 the effective date of this Act if any element of the offense occurs
3-1 before the effective date.
3-2 (b) An offense committed before the effective date of this
3-3 Act is covered by the law in effect when the offense was committed,
3-4 and the former law is continued in effect for that purpose.
3-5 SECTION 3. This Act takes effect September 1, 1999.
3-6 SECTION 4. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.