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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying of certain weapons in watercraft. |
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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 Subsections (a) and (a-1) and adding Subsection (a-3) to |
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read as follows: |
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(a) A person commits an offense if the person intentionally, |
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knowingly, or recklessly carries on or about his or her person a |
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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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or watercraft that is owned by the person or under the person's |
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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 or watercraft that is owned |
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by the person 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 or boating; |
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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-3) For purposes of this section, "watercraft" means any |
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boat, motorboat, vessel, or personal watercraft, other than a |
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seaplane on water, used or capable of being used for transportation |
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on water. |
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SECTION 2. Section 46.15(b), Penal Code, is amended to read |
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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 traveling; |
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(3) is engaging in lawful hunting, fishing, or other |
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sporting activity on the immediate premises where the activity is |
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conducted, or is en route between the premises and the actor's |
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residence, [or] motor vehicle, or watercraft, if the weapon is a |
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type commonly used in the activity; |
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(4) holds a security officer commission issued by the |
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Texas Private Security Board, if the person is engaged in the |
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performance of the person's duties as an officer commissioned under |
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Chapter 1702, Occupations Code, or is traveling to or from the |
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person's place of assignment and is wearing the officer's uniform |
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and carrying the officer's weapon in plain view; |
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(5) acts as a personal protection officer and carries |
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the person's security officer commission and personal protection |
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officer authorization, if the person: |
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(A) is engaged in the performance of the person's |
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duties as a personal protection officer under Chapter 1702, |
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Occupations Code, or is traveling to or from the person's place of |
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assignment; and |
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(B) is either: |
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(i) wearing the uniform of a security |
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officer, including any uniform or apparel described by Section |
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1702.323(d), Occupations Code, and carrying the officer's weapon in |
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plain view; or |
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(ii) not wearing the uniform of a security |
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officer and carrying the officer's weapon in a concealed manner; |
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(6) is carrying a concealed handgun and a valid |
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license issued under Subchapter H, Chapter 411, Government Code, to |
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carry a concealed handgun of the same category as the handgun the |
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person is carrying; |
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(7) holds an alcoholic beverage permit or license or |
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is an employee of a holder of an alcoholic beverage permit or |
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license if the person is supervising the operation of the permitted |
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or licensed premises; or |
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(8) is a student in a law enforcement class engaging in |
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an activity required as part of the class, if the weapon is a type |
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commonly used in the activity and the person is: |
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(A) on the immediate premises where the activity |
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is conducted; or |
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(B) en route between those premises and the |
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person's residence and is carrying the weapon unloaded. |
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SECTION 3. 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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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |