83R7346 GCB-D

By: Schaefer H.B. No. 2535

A BILL TO BE ENTITLED

AN ACT

relating to the exemption from certain security licensure of certain persons who provide security services on a volunteer basis at a private primary or secondary school or church or religious organization.

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

SECTION 1. Subchapter N, Chapter 1702, Occupations Code, is amended by adding Section 1702.3245 to read as follows:

Sec. 1702.3245. CERTAIN VOLUNTEERS. (a) This chapter does not apply to a person who provides volunteer security services on the premises of:

(1) a private primary or secondary school at which the person is employed; or

(2) a church, synagogue, or other established place of religious worship if the person is a member of or regularly attends that established place of religious worship.

(b) In providing volunteer security services:

(1) a person described by Subsection (a)(1) may carry a weapon pursuant to a written authorization or regulations of the school, as provided by Section 46.03(a)(1), Penal Code; and

(2) a person described by Subsection (a)(2) may carry a concealed handgun under a license issued to the person under Subchapter H, Chapter 411, Government Code, pursuant to a written authorization of the established place of religious worship, as provided by Section 46.035(b)(6), Penal Code.

SECTION 2. Section 46.035(b), Penal Code, is amended to read as follows:

(b) A license holder commits an offense if the license holder intentionally, knowingly, or recklessly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed, on or about the license holder's person:

(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;

(2) on the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place, unless the license holder is a participant in the event and a handgun is used in the event;

(3) on the premises of a correctional facility;

(4) on the premises of a hospital licensed under Chapter 241, Health and Safety Code, or on the premises of a nursing home licensed under Chapter 242, Health and Safety Code, unless the license holder has written authorization of the hospital or nursing home administration, as appropriate;

(5) in an amusement park; or

(6) on the premises of a church, synagogue, or other established place of religious worship, unless pursuant to written authorization of the established place of religious worship.

SECTION 3. 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, 2013.