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A BILL TO BE ENTITLED
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AN ACT
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relating to certain offenses involving the carrying of concealed |
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handguns by license holders and to defenses and exceptions to the |
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prosecution of those offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.03, Penal Code, is amended by |
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amending Subsection (f) and adding Subsection (f-1) to read as |
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follows: |
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(f) It is not a defense to prosecution under Subsection |
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(a)(1), (3), (5), or (6) [this section] that the actor possessed a |
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handgun and was licensed to carry a concealed handgun under |
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Subchapter H, Chapter 411, Government Code. |
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(f-1) It is an exception to the application of Subsections |
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(a)(2) and (4) that the actor possessed a handgun, and no other |
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weapon to which this section applies, and was licensed to carry a |
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concealed handgun under Subchapter H, Chapter 411, Government Code. |
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SECTION 2. Sections 46.035(b) and (c), Penal Code, are |
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amended to read as follows: |
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(b) A license holder commits an offense if the license |
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holder intentionally, knowingly, or recklessly carries a handgun |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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regardless of whether the handgun is concealed, on or about the |
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license holder's person: |
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(1) on the premises of a business that has a permit or |
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license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
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Beverage Code, if the business derives 51 percent or more of its |
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income from the sale or service of alcoholic beverages for |
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on-premises consumption, as determined by the Texas Alcoholic |
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Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
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(2) on the premises where a high school, collegiate, |
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or professional sporting event or interscholastic event is taking |
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place, unless the license holder is a participant in the event and a |
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handgun is used in the event; or |
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(3) on the premises of a correctional facility[;
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[(4)
on the premises of a hospital licensed under
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Chapter 241, Health and Safety Code, or on the premises of a nursing
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home licensed under Chapter 242, Health and Safety Code, unless the
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license holder has written authorization of the hospital or nursing
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home administration, as appropriate;
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[(5) in an amusement park; or
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[(6)
on the premises of a church, synagogue, or other
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established place of religious worship]. |
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(c) A license holder commits an offense if the license |
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holder intentionally, knowingly, or recklessly carries a handgun |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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regardless of whether the handgun is concealed, at any meeting of a |
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governmental entity, unless the license holder has not received |
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effective notice under Section 30.06. |
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SECTION 3. Section 46.035(h-1), Penal Code, as added by |
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Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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(h-1) It is a defense to prosecution under Subsections |
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(b)(1), (b)(2) [(2), and (4)-(6)], and (c) that at the time of the |
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commission of the offense, the actor was: |
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(1) a judge or justice of a federal court; |
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(2) an active judicial officer, as defined by Section |
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411.201, Government Code; or |
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(3) a district attorney, assistant district attorney, |
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criminal district attorney, assistant criminal district attorney, |
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county attorney, or assistant county attorney. |
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SECTION 4. Subsection (h-1), Section 46.035, Penal Code, as |
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added by Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, |
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Regular Session, 2007, is redesignated as Subsection (h-2), Section |
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46.035, Penal Code, to read as follows: |
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(h-2) [(h-1)] It is a defense to prosecution under |
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Subsections (b) and (c) that the actor, at the time of the |
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commission of the offense, was: |
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(1) an active judicial officer, as defined by Section |
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411.201, Government Code; or |
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(2) a bailiff designated by the active judicial |
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officer and engaged in escorting the officer. |
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SECTION 5. Sections 46.035(f)(1) and (i), Penal Code, are |
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repealed. |
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SECTION 6. 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 on the date the offense was committed, |
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and 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 occurred |
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before that date. |
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SECTION 7. This Act takes effect on the 91st day after the |
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last day of the legislative session. |