79R4554 UM-F
By: Ellis S.B. No. 664
A BILL TO BE ENTITLED
AN ACT
relating to the unlawful carrying of a handgun on certain premises
used for law enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.035(b), Penal Code, is amended to
read as follows:
(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; or
(7) on the premises of a law enforcement facility.
SECTION 2. Section 46.035(f), Penal Code, is amended by
adding Subdivision (4) to read as follows:
(4) "Law enforcement facility" includes any building
or portion of a building containing offices used for the official
business of peace officers, special investigators, or adjunct
police officers as defined by Article 2.12, 2.121, 2.122, 2.123, or
2.124, Code of Criminal Procedure.
SECTION 3. Section 46.035(i), Penal Code, is amended to
read as follows:
(i) Subsections (b)(4), (b)(5), (b)(6), (b)(7), and (c) do
not apply if the actor was not given effective notice under Section
30.06.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
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. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 5. This Act takes effect September 1, 2005.