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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of certain offenses that involve |
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carrying weapons on a person's property or in a person's vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.02, Penal Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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read as follows: |
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(a) A person commits an offense if the person [he] |
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intentionally, knowingly, or recklessly carries on or about his or |
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her person a handgun, illegal knife, or club if the person is not: |
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(1) on the person's own premises or premises under the |
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person's control; or |
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(2) inside of or directly en route to a motor vehicle |
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that is owned by the person or under the person's control. |
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(a-1) A person commits an offense if the person |
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intentionally, knowingly, or recklessly carries on or about his or |
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her person a handgun in a motor vehicle that is owned by the person |
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or under the person's control at any time in which: |
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(1) the handgun is in plain view; or |
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(2) the person is: |
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(A) engaged in criminal activity, other than a |
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Class C misdemeanor that is a violation of a law or ordinance |
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regulating traffic; |
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(B) prohibited by law from possessing a firearm; |
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or |
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(C) a member of a criminal street gang, as |
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defined by Section 71.01. |
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(a-2) For purposes of this section, "premises" includes |
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real property and a recreational vehicle that is being used as |
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living quarters, regardless of whether that use is temporary or |
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permanent. In this subsection, "recreational vehicle" means a motor |
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vehicle primarily designed as temporary living quarters or a |
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vehicle that contains temporary living quarters and is designed to |
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be towed by a motor vehicle. The term includes a travel trailer, |
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camping trailer, truck camper, motor home, and horse trailer with |
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living quarters. |
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SECTION 2. 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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(3) [(4)] is engaging in lawful hunting, fishing, or |
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other sporting activity on the immediate premises where the |
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activity is conducted, or is en route between the premises and the |
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actor's residence or motor vehicle, if the weapon is a type commonly |
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used in the activity; |
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(4) [(5)] holds a security officer commission issued |
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by the Texas [Board of Private Investigators and] Private Security |
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Board [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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(5) [(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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(6) [(7)] holds a security officer commission and a |
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personal protection officer authorization issued by the Texas |
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[Board of Private Investigators and] Private Security Board |
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[Agencies] and [who] is providing personal protection under Chapter |
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1702, Occupations Code [the Private Investigators and Private
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Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
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Statutes)]; or |
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(7) [(8)] holds an alcoholic beverage permit or |
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license or is an employee of a holder of an alcoholic beverage |
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permit or license if the person is supervising the operation of the |
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permitted or licensed premises. |
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SECTION 3. Section 46.15(h), Penal Code, is amended to read |
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as follows: |
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(h) For the purpose of Subsection (b)(2), "premises" has the |
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meaning assigned by Section 46.02(a-2) [includes a recreational
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vehicle that is being used by the person carrying the handgun,
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illegal knife, or club as living quarters, regardless of whether
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that use is temporary or permanent. In this subsection,
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"recreational vehicle" means a motor vehicle primarily designed as
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temporary living quarters or a vehicle that contains temporary
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living quarters and is designed to be towed by a motor vehicle. The
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term includes a travel trailer, camping trailer, truck camper,
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motor home, and horse trailer with living quarters]. |
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SECTION 4. 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 5. This Act takes effect September 1, 2007. |