By: Haggerty (Senate Sponsor - Jackson) H.B. No. 2101

(In the Senate - Received from the House May 10, 2007; May 14, 2007, read first time and referred to Committee on Criminal Justice; May 18, 2007, reported favorably by the following vote: Yeas 5, Nays 0; May 18, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a commissioned security officer to carry certain weapons.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1702.169, Occupations Code, is amended to read as follows:

Sec. 1702.169. FIREARM RESTRICTIONS. A commissioned security officer other than a person acting as a personal protection officer may not carry a firearm unless:

(1) the security officer is:

(A) engaged in the performance of duties as a security officer; or

(B) traveling [directly] to or from the place of assignment;

(2) the security officer wears a distinctive uniform indicating that the individual is a security officer; and

(3) the firearm is in plain view[, except as provided by Section 1702.206].

SECTION 2. Section 1702.206, Occupations Code, is amended to read as follows:

Sec. 1702.206. CONCEALED FIREARMS. An individual acting as a personal protection officer may not carry a concealed firearm unless the officer:

(1) is either:

(A) engaged in the exclusive performance of the officer's duties as a personal protection officer for the employer under whom the officer's personal protection officer authorization is issued; or

(B) traveling to or from the officer's place of assignment; and

(2) carries the officer's security officer commission and personal protection officer authorization on the officer's person while performing the officer's duties or traveling as described by Subdivision (1) and presents the commission and authorization on request.

SECTION 3. 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 the person:

(A) is [the person is] engaged in the performance of the person's duties as an [a security] officer commissioned under Chapter 1702, Occupations Code, or is traveling to or [and] from the person's place of assignment; and

(B) is either:

(i) [the person is] wearing the officer's [a distinctive] uniform[;] and carrying

[(C)] the officer's weapon [is] in plain view; or

(ii) acting as a personal protection officer and carrying the person's security officer commission and personal protection officer authorization;

(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; or

(7) [holds a security officer commission and a personal protection authorization issued by the Texas Board of Private Investigators and Private Security Agencies and who is providing personal protection under 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.

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.

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