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78R2627 PEP-D
By: Allen H.B. No. 1257
A BILL TO BE ENTITLED
AN ACT
relating to laws regulating the carrying of weapons and the places
where weapons are prohibited and to the organization of those laws
in the statutes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.01, Penal Code, is amended to read as
follows:
Sec. 46.01. DEFINITIONS. In this chapter:
(1) "Amusement park" means a permanent indoor or
outdoor facility or park where amusement rides are available for
use by the public that is located in a county with a population of
more than one million, encompasses at least 75 acres in surface
area, is enclosed with access only through controlled entries, is
open for operation more than 120 days in each calendar year, and has
security guards on the premises at all times. The term does not
include any public or private driveway, street, sidewalk or
walkway, parking lot, parking garage, or other parking area.
(2) "Armor-piercing ammunition" means handgun
ammunition that is designed primarily for the purpose of
penetrating metal or body armor and to be used principally in
pistols and revolvers.
(3) "Chemical dispensing device" means a device, other
than a small chemical dispenser sold commercially for personal
protection, that is designed, made, or adapted for the purpose of
dispensing a substance capable of causing an adverse psychological
or physiological effect on a human being.
(4) "Club" means an instrument that is specially
designed, made, or adapted for the purpose of inflicting serious
bodily injury or death by striking a person with the instrument, and
includes but is not limited to the following:
(A) blackjack;
(B) nightstick;
(C) mace;
(D) tomahawk.
(5) [(2)] "Explosive weapon" means any explosive or
incendiary bomb, grenade, rocket, or mine, that is designed, made,
or adapted for the purpose of inflicting serious bodily injury,
death, or substantial property damage, or for the principal purpose
of causing such a loud report as to cause undue public alarm or
terror, and includes a device designed, made, or adapted for
delivery or shooting an explosive weapon.
(6) [(3)] "Firearm" means any device designed, made,
or adapted to expel a projectile through a barrel by using the
energy generated by an explosion or burning substance or any device
readily convertible to that use. Firearm does not include a firearm
that may have, as an integral part, a folding knife blade or other
characteristics of weapons made illegal by this chapter and that
is:
(A) an antique or curio firearm manufactured
before 1899; or
(B) a replica of an antique or curio firearm
manufactured before 1899, but only if the replica does not use rim
fire or center fire ammunition.
(7) [(4)] "Firearm silencer" means any device
designed, made, or adapted to muffle the report of a firearm.
(8) [(5)] "Handgun" means any firearm that is
designed, made, or adapted to be fired with one hand.
(9) "Hoax bomb" means a device that:
(A) reasonably appears to be an explosive or
incendiary device; or
(B) by its design causes alarm or reaction of any
type by an official of a public safety agency or a volunteer agency
organized to deal with emergencies.
(10) [(6)] "Illegal knife" means a:
(A) knife with a blade over five and one-half
inches;
(B) hand instrument designed to cut or stab
another by being thrown;
(C) dagger, including but not limited to a dirk,
stilletto, and poniard;
(D) bowie knife;
(E) sword; or
(F) spear.
(11) [(7)] "Knife" means any bladed hand instrument
that is capable of inflicting serious bodily injury or death by
cutting or stabbing a person with the instrument.
(12) [(8)] "Knuckles" means any instrument that
consists of finger rings or guards made of a hard substance and that
is designed, made, or adapted for the purpose of inflicting serious
bodily injury or death by striking a person with a fist enclosed in
the knuckles.
(13) "License holder" means a person licensed to carry
a handgun under Subchapter H, Chapter 411, Government Code.
(14) [(9)] "Machine gun" means any firearm that is
capable of shooting more than two shots automatically, without
manual reloading, by a single function of the trigger.
(15) "Premises" means a building or a portion of a
building. The term does not include any public or private driveway,
street, sidewalk or walkway, parking lot, parking garage, or other
parking area.
(16) "Racetrack" has the meaning assigned that term by
the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
(17) "Secured area" means an area of an airport
terminal building to which access is controlled by the inspection
of persons and property under federal law.
(18) [(10)] "Short-barrel firearm" means a rifle with
a barrel length of less than 16 inches or a shotgun with a barrel
length of less than 18 inches, or any weapon made from a shotgun or
rifle if, as altered, it has an overall length of less than 26
inches.
(19) [(11)] "Switchblade knife" means any knife that
has a blade that folds, closes, or retracts into the handle or
sheath, and that:
(A) opens automatically by pressure applied to a
button or other device located on the handle; or
(B) opens or releases a blade from the handle or
sheath by the force of gravity or by the application of centrifugal
force.
(20) [(12) "Armor-piercing ammunition" means handgun
ammunition that is designed primarily for the purpose of
penetrating metal or body armor and to be used principally in
pistols and revolvers.
[(13) "Hoax bomb" means a device that:
[(A) reasonably appears to be an explosive or
incendiary device; or
[(B) by its design causes alarm or reaction of
any type by an official of a public safety agency or a volunteer
agency organized to deal with emergencies.
[(14) "Chemical dispensing device" means a device,
other than a small chemical dispenser sold commercially for
personal protection, that is designed, made, or adapted for the
purpose of dispensing a substance capable of causing an adverse
psychological or physiological effect on a human being.
[(15) "Racetrack" has the meaning assigned that term
by the Texas Racing Act (Article 179e, Vernon's Texas Civil
Statutes).
[(16)] "Zip gun" means a device or combination of
devices that was not originally a firearm and is adapted to expel a
projectile through a smooth-bore or rifled-bore barrel by using the
energy generated by an explosion or burning substance.
SECTION 2. Section 46.02, Penal Code, is amended to read as
follows:
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person
commits an offense if the person [he] intentionally, knowingly, or
recklessly carries on or about his person a handgun, illegal knife,
or club.
(b) Except as provided by Subsection (c), an offense under
this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third
degree if the offense is committed on any premises licensed or
issued a permit by this state for the sale of alcoholic beverages.
SECTION 3. Chapter 46, Penal Code, is amended by adding
Section 46.021 to read as follows:
Sec. 46.021. APPLICABILITY OF UNLAWFUL CARRYING TO LAW
ENFORCEMENT AND CERTAIN OTHER PERSONS. (a) Section 46.02 does not
apply to:
(1) peace officers and does not prohibit a peace
officer from carrying a weapon in this state, regardless of whether
the officer is engaged in the actual discharge of the officer's
duties while carrying the weapon;
(2) parole officers and does not prohibit an officer
from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and does not prohibit an officer from carrying a weapon in
this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code; or
(4) a judge or justice of the supreme court, the court
of criminal appeals, a court of appeals, a district court, a
criminal district court, a constitutional county court, a statutory
county court, a justice court, or a municipal court who is licensed
to carry a concealed handgun under Subchapter H, Chapter 411,
Government Code.
(b) Section 46.02 does not apply to a person who:
(1) is engaged in the actual discharge of duties as:
(A) a member of the armed forces or state
military forces as defined by Section 431.001, Government Code; or
(B) an employee of a penal institution who is
performing a security function;
(2) holds a security officer commission and a personal
protection officer authorization issued by the Texas Commission on
Private Security and who is providing personal protection under
Chapter 1702, Occupations Code;
(3) holds a security officer commission issued by the
Texas Commission on Private Security, if:
(A) the person is engaged in the actual discharge
of the person's duties as a security officer or is traveling to or
from the person's place of assignment;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view; or
(4) holds an alcoholic beverage permit or license or
is an employee of the holder of an alcoholic beverage permit or
license if the person is supervising the operation of the permitted
or licensed premises.
(c) Section 46.02 does not apply to a person who:
(1) is carrying a concealed handgun and a valid
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun of the same category as the handgun the
person is carrying;
(2) is on the person's own premises or premises under
the person's control unless the person is an employee or agent of
the owner of the premises and the person's primary responsibility
is to act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subsection
(b)(3);
(3) is traveling; or
(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the person's
residence, if the weapon is a type commonly used in the activity.
(d) The provisions of Section 46.02 prohibiting the
carrying of a firearm or club do not apply to a public security
officer employed by the adjutant general under Section 431.029,
Government Code, who is engaged in the actual discharge of the
person's duties or is traveling to or from a place of assignment.
(e) The provision of Section 46.02 prohibiting the carrying
of a club does not apply to a noncommissioned security guard at an
institution of higher education who carries a nightstick or similar
club and who has undergone 15 hours of training in the proper use of
the club, including at least seven hours of training in the use of
the club for nonviolent restraint. For the purposes of this
subsection, "nonviolent restraint" means the use of reasonable
force not intended and not likely to inflict bodily injury.
(f) The provision of Section 46.02 prohibiting the carrying
of an illegal knife does not apply to a person carrying a bowie
knife or a sword used in a historical demonstration or in a ceremony
in which the knife or sword is significant to the performance of the
ceremony.
SECTION 4. Section 46.03, Penal Code, is amended to read as
follows:
Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person
commits an offense if the person intentionally, knowingly, or
recklessly possesses or goes with a firearm, illegal knife, club,
or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or
educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the school or educational
institution is public or private, unless pursuant to written
regulations or written authorization of the institution;
(2) on the premises of a polling place on the day of an
election or while early voting is in progress;
(3) in any government court or offices utilized by the
court, unless pursuant to written regulations or written
authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of
which is designated by the Texas Department of Criminal Justice as a
place of execution under Article 43.19, Code of Criminal Procedure,
on a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with
a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this
subsection within 1,000 feet of the premises was prohibited.
(b) [It is a defense to prosecution under Subsections
(a)(1)-(4) that the actor possessed a firearm while in the actual
discharge of his official duties as a member of the armed forces or
national guard or a guard employed by a penal institution, or an
officer of the court.
[(c) In this section:
[(1) "Premises" has the meaning assigned by Section
46.035.
[(2) "Secured area" means an area of an airport
terminal building to which access is controlled by the inspection
of persons and property under federal law.
[(d) It is a defense to prosecution under Subsection (a)(5)
that the actor possessed a firearm or club while traveling to or
from the actor's place of assignment or in the actual discharge of
duties as:
[(1) a member of the armed forces or national guard;
[(2) a guard employed by a penal institution; or
[(3) a security officer commissioned by the Texas
Board of Private Investigators and Private Security Agencies if:
[(A) the actor is wearing a distinctive uniform;
and
[(B) the firearm or club is in plain view; or
[(5) a security officer who holds a personal
protection authorization under the Private Investigators and
Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
Civil Statutes).
[(e) It is a defense to prosecution under Subsection (a)(5)
that the actor checked all firearms as baggage in accordance with
federal or state law or regulations before entering a secured area.
[(f) It is not a defense to prosecution under this section
that the actor possessed a handgun and was licensed to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code.
[(g)] An offense under this section is a third degree
felony.
[(h) It is a defense to prosecution under Subsection (a)(4)
that the actor possessed a firearm or club while traveling to or
from the actor's place of assignment or in the actual discharge of
duties as a security officer commissioned by the Texas Board of
Private Investigators and Private Security Agencies, if:
[(1) the actor is wearing a distinctive uniform; and
[(2) the firearm or club is in plain view.
[(i) It is an exception to the application of Subsection
(a)(6) that the actor possessed a firearm or club:
[(1) while in a vehicle being driven on a public road;
or
[(2) at the actor's residence or place of employment.]
SECTION 5. Chapter 46, Penal Code, is amended by adding
Section 46.031 to read as follows:
Sec. 46.031. APPLICABILITY OF PROHIBITED PLACES TO LAW
ENFORCEMENT AND CERTAIN OTHER PERSONS. (a) Section 46.03 does not
apply to a person if, under the terms of Section 46.021(a), Section
46.02 does not apply to that person.
(b) It is a defense to prosecution under Sections
46.03(a)(1)-(4) that the person possessed a firearm while engaged
in the actual discharge of the person's duties as:
(1) a member of the armed forces or national guard;
(2) a guard employed by a penal institution; or
(3) an officer of the court.
(c) It is a defense to prosecution under Sections
46.03(a)(4) and (5) that the person possessed a firearm or club
while engaged in the actual discharge of the person's duties, or
while traveling to or from the person's place of assignment, as a
security officer commissioned by the Texas Commission on Private
Security, if:
(1) the person was wearing a distinctive uniform; and
(2) the firearm or club was in plain view.
(d) It is a defense to prosecution under Section 46.03(a)(5)
that the person:
(1) checked all firearms as baggage in accordance with
federal or state law or regulations before entering a secured area;
or
(2) possessed a firearm or club while engaged in the
actual discharge of duties, or while traveling to or from the
person's place of assignment, as:
(A) a member of the armed forces or national
guard;
(B) a guard employed by a penal institution; or
(C) a security officer who holds a personal
protection officer authorization under Chapter 1702, Occupations
Code.
(e) Section 46.03(a)(6) does not apply to a person who
possesses a firearm or club while the person is:
(1) in a vehicle being driven on a public road;
(2) at the person's residence or place of employment;
or
(3) engaged in the actual discharge of duties as:
(A) a member of the armed forces or state
military forces as defined by Section 431.001, Government Code; or
(B) an employee of a penal institution.
SECTION 6. Section 46.035, Penal Code, is amended to read as
follows:
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(b) [A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, on or about the
license holder's person:
[(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
[(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event;
[(3) on the premises of a correctional facility;
[(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital or nursing
home administration, as appropriate;
[(5) in an amusement park; or
[(6) on the premises of a church, synagogue, or other
established place of religious worship.
[(c) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, at any meeting of a
governmental entity.
[(d)] A license holder commits an offense if, while
intoxicated, the license holder carries a handgun under the
authority of Subchapter H, Chapter 411, Government Code, regardless
of whether the handgun is concealed.
(c) [(e)] A license holder who holds [is licensed as] a
security officer commission under Chapter 1702, Occupations Code,
and is employed as a security officer commits an offense if, while
in the course and scope of the security officer's employment, the
security officer violates a provision of Subchapter H, Chapter 411,
Government Code.
(d) [(f) In this section:
[(1) "Amusement park" means a permanent indoor or
outdoor facility or park where amusement rides are available for
use by the public that is located in a county with a population of
more than one million, encompasses at least 75 acres in surface
area, is enclosed with access only through controlled entries, is
open for operation more than 120 days in each calendar year, and has
security guards on the premises at all times. The term does not
include any public or private driveway, street, sidewalk or
walkway, parking lot, parking garage, or other parking area.
[(2) "License holder" means a person licensed to carry
a handgun under Subchapter H, Chapter 411, Government Code.
[(3) "Premises" means a building or a portion of a
building. The term does not include any public or private driveway,
street, sidewalk or walkway, parking lot, parking garage, or other
parking area.
[(g)] An offense under this section [Subsection (a), (b),
(c), (d), or (e)] is a Class A misdemeanor[, unless the offense is
committed under Subsection (b)(1) or (b)(3), in which event the
offense is a felony of the third degree].
(e) [(h)] It is a defense to prosecution under Subsection
(a) that the license holder [actor], at the time of the commission
of the offense, displayed the handgun under circumstances in which
the license holder [actor] would have been justified in the use of
deadly force under Chapter 9.
[(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not
apply if the actor was not given effective notice under Section
30.06.]
SECTION 7. Chapter 46, Penal Code, is amended by adding
Section 46.036 to read as follows:
Sec. 46.036. PLACES LICENSE HOLDERS MAY NOT CARRY HANDGUN.
(a) A license holder commits an offense if the license holder
intentionally, knowingly, or recklessly carries a handgun under the
authority of Subchapter H, Chapter 411, Government Code, regardless
of whether the handgun is concealed, on or about the license
holder's person:
(1) in any area or on any premises described by Section
46.03;
(2) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(3) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event;
(4) at any meeting of a governmental entity, if the
license holder was given effective notice under Section 30.06;
(5) on the premises of a correctional facility;
(6) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, if the
license holder was given effective notice under Section 30.06,
unless the license holder has written authorization of the hospital
or nursing home administration, as appropriate;
(7) on the premises of a church, synagogue, or other
established place of religious worship, if the license holder was
given effective notice under Section 30.06; or
(8) in an amusement park, if the license holder was
given effective notice under Section 30.06.
(b) An offense under this section is:
(1) a felony of the third degree if the offense is
committed under Subsection (a)(1), (2), or (5); or
(2) a Class A misdemeanor if the offense is committed
under Subsection (a)(3), (4), (6), (7), or (8).
(c) Section 46.031 applies to the prosecution of an offense
under Subsection (a)(1) in the same manner as that section applies
to the prosecution of an offense under Section 46.03.
SECTION 8. Section 30.06(c)(2), Penal Code, is amended to
read as follows:
(2) "License holder" has the meaning assigned by
Section 46.01 [46.035(f)].
SECTION 9. Section 46.15, Penal Code, is repealed.
SECTION 10. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to an
offense committed on or after September 1, 2003. An offense
committed before September 1, 2003, is covered by the law in effect
when the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this subsection, an
offense was committed before September 1, 2003, if any element of
the offense was committed before that date.