By: Gonzalez Toureilles, et al. H.B. No. 140

(Senate Sponsor - Hinojosa)

(In the Senate - Received from the House May 4, 2009; May 6, 2009, read first time and referred to Committee on Criminal Justice; May 22, 2009, reported favorably by the following vote: Yeas 6, Nays 0; May 22, 2009, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the use or display under certain circumstances of an expired license to carry a concealed handgun.

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

SECTION 1. Section 46.15(b), Penal Code, as amended by Chapters 647 (H.B. 964), 693 (H.B. 1815), and 1048 (H.B. 2101), Acts of the 80th Legislature, Regular Session, 2007, is reenacted 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 traveling;

(3) 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) holds a security officer commission issued by the Texas Private Security Board, if the person:

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

(B) is either:

(i) wearing the officer's uniform and carrying the officer's weapon in plain view; or

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

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

(6) 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

(7) 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. Section 46.15, Penal Code, is amended by adding Subsection (g) to read as follows:

(g) For purposes of Subsection (b)(5), a valid license includes an expired license if, before the expiration date of the license, the license holder submitted an application for renewal of the license to the Department of Public Safety in accordance with Section 411.185, Government Code, and has not received notice that the application for renewal was denied.

SECTION 3. Section 411.205(a), Government Code, is amended to read as follows:

(a) If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license, including any expired license that remains in the person's possession. A person who fails or refuses to display the person's [license and] identification and handgun license as required by this subsection is subject to suspension of the person's license as provided by Section 411.187 or, if the license is expired, a refusal to renew the person's license for the applicable period of suspension provided by that section.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.

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