78R5237 PEP-D


By:  Haggerty                                                     H.B. No. 1661



A BILL TO BE ENTITLED

AN ACT

relating to the carrying of certain weapons by a person who holds a 
security officer commission issued by the Texas Commission on 
Private Security.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 46.05, Penal Code, is amended by adding 
Subsection (f) to read as follows:
	(f)  It is a defense to prosecution under this section for 
the possession of a chemical dispensing device that the actor holds 
a security officer commission issued by the Texas Commission on 
Private Security and has received training on the use of the 
chemical dispensing device by a training program that is:
		(1)  provided by the Commission on Law Enforcement 
Officer Standards and Education; or
		(2)  approved for the purposes described by this 
subsection by the Texas Commission on Private Security.
	SECTION 2.   Section 46.15(b), Penal Code, as amended by 
Chapters 1221 and 1261, Acts of the 75th Legislature, Regular 
Session, 1997, is reenacted and amended to read as follows:
	(b)  Section 46.02 does not apply to a person who:                             
		(1)  is in the actual discharge of official duties as a 
member of the armed forces or state military forces as defined by 
Section 431.001, Government Code, or as a guard employed by a penal 
institution;
		(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 Subdivision 
(5);
		(3)  is traveling;                                                            
		(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 actor's 
residence, if the weapon is a type commonly used in the activity;
		(5)  holds a security officer commission issued by the 
Texas Commission on [Board of Private Investigators and] Private 
Security [Agencies], if:
			(A)  [the person is engaged in the performance of 
the person's duties as a security officer or traveling to and from 
the person's place of assignment;
			[(B)]  the person is wearing a distinctive 
uniform; and   
			(B) [(C)]  the weapon is in plain view;              
		(6)  is carrying a concealed handgun and a valid 
license issued under Subchapter H, Chapter 411, Government Code
[Article 4413(29ee), Revised Statutes], to carry a concealed 
handgun of the same category as the handgun the person is carrying;
		(7)  holds a security officer commission and a personal 
protection officer authorization issued by the Texas Commission on
[Board of Private Investigators and] Private Security [Agencies] 
and who is providing personal protection under Chapter 1702, 
Occupations Code [the Private Investigators and Private Security 
Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes)]; 
or
		(8)  holds an alcoholic beverage permit or license or 
is an employee of a holder of an alcoholic beverage permit or 
license if the person is supervising the operation of the permitted 
or licensed premises.
	SECTION 3.  (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.