By: Hegar S.B. No. 535

(In the Senate - Filed February 8, 2007; February 26, 2007, read first time and referred to Committee on Natural Resources; March 19, 2007, reported favorably by the following vote: Yeas 11, Nays 0; March 19, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the possession or shooting of a handgun on the land of the Lower Colorado River Authority by a person licensed to carry a concealed handgun.

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

SECTION 1. The heading to Section 62.082, Parks and Wildlife Code, is amended to read as follows:

Sec. 62.082. TARGET RANGES, [AND] MANAGED HUNTS, AND OTHER EXCEPTIONS; RULES.

SECTION 2. Section 62.082, Parks and Wildlife Code, is amended by amending Subsection (d) and adding Subsection (e) to read as follows:

(d) Section 62.081 does not apply to:

(1) an employee of the Lower Colorado River Authority;

(2) [,] a person authorized to hunt under Subsection (c);

(3) [, or] a peace officer as defined by Article 2.12, Code of Criminal Procedure; or

(4) a person who:

(A) possesses a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as a handgun the person is carrying; or

(B) under circumstances in which the person would be justified in the use of deadly force under Chapter 9, Penal Code, shoots a handgun of the same category as a handgun the person is licensed to carry under Subchapter H, Chapter 411, Government Code.

(e) A state agency, including the department, the Department of Public Safety, and the Lower Colorado River Authority, may not adopt a rule that prohibits a person who possesses a license issued under Subchapter H, Chapter 411, Government Code, from entering or crossing the land of the Lower Colorado River Authority while:

(1) possessing a concealed handgun of the same category as a handgun the person is licensed to carry; or

(2) under circumstances in which the person would be justified in the use of deadly force under Chapter 9, Penal Code, shooting a handgun of the same category as a handgun the person is licensed to carry.

SECTION 3. 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 covered 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 occurred before that date.

SECTION 4. This Act takes effect September 1, 2007.

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