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A BILL TO BE ENTITLED
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AN ACT
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relating to allowing certain students to carry a weapon while en |
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route to and from a law enforcement class. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.15(b), Penal Code, as amended by |
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Chapters 1221 and 1261, Acts of the 75th Legislature, Regular |
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Session, 1997, is reenacted and amended to read as follows: |
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(b) Section 46.02 does not apply to a person who: |
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(1) is in the actual discharge of official duties as a |
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member of the armed forces or state military forces as defined by |
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Section 431.001, Government Code, or as a guard employed by a penal |
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institution; |
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(2) is on the person's own premises or premises under |
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the person's control unless the person is an employee or agent of |
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the owner of the premises and the person's primary responsibility |
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is to act in the capacity of a security guard to protect persons or |
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property, in which event the person must comply with Subdivision |
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(5); |
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(3) is traveling; |
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(4) is engaging in lawful hunting, fishing, or other |
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sporting activity on the immediate premises where the activity is |
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conducted, or is en route between the premises and the actor's |
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residence, if the weapon is a type commonly used in the activity; |
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(5) holds a security officer commission issued by the |
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Texas [Board of Private Investigators and] Private Security Board |
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[Agencies], if: |
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(A) the person is engaged in the performance of |
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the person's duties as a security officer or traveling to and from |
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the person's place of assignment; |
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(B) the person is wearing a distinctive uniform; |
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and |
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(C) the weapon is in plain view; |
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(6) is carrying a concealed handgun and a valid |
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license issued under Subchapter H, Chapter 411, Government Code |
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[Article 4413(29ee), Revised Statutes], to carry a concealed |
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handgun of the same category as the handgun the person is carrying; |
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(7) holds a security officer commission and a personal |
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protection officer authorization issued by the Texas [Board of
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Private Investigators and] Private Security Board [Agencies] and |
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[who] is providing personal protection under Chapter 1702, |
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Occupations Code [the Private Investigators and Private Security
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Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes)]; |
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[or] |
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(8) holds an alcoholic beverage permit or license or |
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is an employee of a holder of an alcoholic beverage permit or |
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license if the person is supervising the operation of the permitted |
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or licensed premises; or |
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(9) is a student in a law enforcement class engaging in |
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an activity required as part of the class, if the weapon is a type |
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commonly used in the activity and the person is: |
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(A) on the immediate premises where the activity |
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is conducted; or |
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(B) en route between those premises and the |
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person's residence and is carrying the weapon unloaded. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |