| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to allowing certain students to carry a weapon while en |
|
|
route to and from a law enforcement class. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. 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 [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; or |
|
|
(9) is a student in a law enforcement class engaging in |
|
|
an activity required as part of the class, if the weapon is a type |
|
|
commonly used in the activity and the person is: |
|
|
(A) on the immediate premises where the activity |
|
|
is conducted; or |
|
|
(B) en route between those premises and the |
|
|
person's residence and is carrying the weapon unloaded. |
|
|
SECTION 2. 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 |
|
|
governed 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 3. This Act takes effect September 1, 2007. |
|
|
|
|
|
* * * * * |