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  H.B. No. 1815
 
 
 
 
AN ACT
  relating to the prosecution of certain offenses that involve
  carrying weapons on a person's property or in a person's vehicle.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 46.02, Penal Code, is amended by
  amending Subsection (a) and adding Subsections (a-1) and (a-2) to
  read as follows:
         (a)  A person commits an offense if the person [he]
  intentionally, knowingly, or recklessly carries on or about his or
  her person a handgun, illegal knife, or club if the person is not:
               (1)  on the person's own premises or premises under the
  person's control; or
               (2)  inside of or directly en route to a motor vehicle
  that is owned by the person or under the person's control.
         (a-1)  A person commits an offense if the person
  intentionally, knowingly, or recklessly carries on or about his or
  her person a handgun in a motor vehicle that is owned by the person
  or under the person's control at any time in which:
               (1)  the handgun is in plain view; or
               (2)  the person is:
                     (A)  engaged in criminal activity, other than a
  Class C misdemeanor that is a violation of a law or ordinance
  regulating traffic;
                     (B)  prohibited by law from possessing a firearm;
  or
                     (C)  a member of a criminal street gang, as
  defined by Section 71.01.
         (a-2)  For purposes of this section, "premises" includes
  real property and a recreational vehicle that is being used as
  living quarters, regardless of whether that use is temporary or
  permanent. In this subsection, "recreational vehicle" means a motor
  vehicle primarily designed as temporary living quarters or a
  vehicle that contains temporary living quarters and is designed to
  be towed by a motor vehicle. The term includes a travel trailer,
  camping trailer, truck camper, motor home, and horse trailer with
  living quarters.
         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)  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;
               (3) [(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 or motor vehicle, if the weapon is a type commonly
  used in the activity;
               (4) [(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;
               (5) [(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;
               (6) [(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
               (7) [(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 following provisions are repealed:
               (1)  Section 46.15(h), Penal Code; and
               (2)  Section 46.15(i), Penal Code, as added by Chapter
  288, Acts of the 79th Legislature, Regular Session, 2005.
         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
  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 5.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1815 was passed by the House on May
  11, 2007, by the following vote:  Yeas 137, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1815 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor