79R808 KCR-D

By:  Keel                                                         H.B. No. 823



A BILL TO BE ENTITLED

AN ACT

relating to an exception to the application of the offense of 
unlawful carrying of weapons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 46.02, Penal Code, is amended by adding 
Subsection (d) to read as follows:
	(d)  It is an exception to the application of this section 
that the actor was traveling in a privately owned motor vehicle at 
the time the actor committed the offense.  For purposes of this 
subsection, "motor vehicle" has the meaning assigned by Section 
32.34(a).
	SECTION 2.  Section 46.15(b), Penal Code, as amended by 
Chapters 1221 and 1261, Acts of the 75th Legislature, Regular 
Session, 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 or other [an] 
employee of a penal institution who is performing a security 
function;
		(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 in a manner other than as described by 
Section 46.02(d);
		(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 [Board of Private Investigators and] Private Security Board 
[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                      
			(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 [Board of 
Private Investigators and] Private Security Board [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.  The change in law made by this Act applies only 
to an offense committed on or after September 1, 2005.  An offense 
committed before September 1, 2005, is covered by the law in effect 
at the time the offense was committed.  For purposes of this 
section, an offense was committed before September 1, 2005, if any 
element of the offense occurred before that date.
	SECTION 4.  This Act takes effect September 1, 2005.