79R14476 E


By:  Isett                                                        H.B. No. 1037

Substitute the following for H.B. No. 1037:                                   

By:  Frost                                                    C.S.H.B. No. 1037



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of unlawfully carrying a 
handgun, illegal knife, or club.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 46.02, Penal Code, is amended by adding 
Subsections (d) and (e) to read as follows:
	(d)  It is an exception to the application of this section 
that the actor was in a privately owned motor vehicle at the time 
the actor committed the offense, and:
		(1)  the handgun is not in plain view;                                 
		(2)  when a magistrate or a peace officer demands that 
the person display identification, the person shall display both a 
driver's license or identification certificate issued by the 
department and inform the magistrate or peace officer that the 
person has a handgun in the vehicle; and
		(3)  the person is not otherwise prohibited by law from 
possessing a weapon.
	(e)  For purposes of Subsection (d), "motor vehicle" has the 
meaning assigned by Section 32.34(a)(2).
	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)  It is an exception to the application of Section 46.02 
that the [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 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                      
			(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 authorization issued by the Texas 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.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.  
For purposes of this section, an offense is committed before the 
effective date of this Act if any element of the offense occurs 
before the effective date.  An offense committed before the 
effective date of this Act is covered by the law in effect when the 
offense was committed, and the former law is continued in effect for 
that purpose.
	SECTION 4.   This Act takes effect September 1, 2005.