INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Chapter 506,
Business & Commerce Code, as added by Chapter 794 (H.B. 2739), Acts of
the 84th Legislature, Regular Session, 2015, is amended to read as follows:
CHAPTER 506. LICENSE TO
CARRY [CONCEALED] HANDGUN [LICENSES] AS VALID FORM
[FORMS] OF PERSONAL IDENTIFICATION
Sec. 506.001. [CONCEALED
HANDGUN] LICENSE TO CARRY HANDGUN AS VALID PROOF OF
IDENTIFICATION. (a) A person may not deny the holder of a [concealed]
handgun license issued under Subchapter H, Chapter 411, Government Code,
access to goods, services, or facilities, except as provided by Section
521.460, Transportation Code, or in regard to the operation of a motor
vehicle, because the holder has or presents a [concealed] handgun
license rather than a driver's license or other acceptable form of personal
identification.
(b) This section does not
affect:
(1) the requirement under
Section 411.205, Government Code, that a person subject to that section
present a driver's license or identification certificate or other proof
of identity on the request of a magistrate or peace officer [in
addition to a concealed handgun license]; or
(2) the types of
identification required under federal law to access airport premises or
pass through airport security.
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No
equivalent provision.
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SECTION 2. Section
51.220(g), Education Code, is amended to read as follows:
(g) A public junior college
employee's status as a school marshal becomes inactive on:
(1) expiration of the
employee's school marshal license under Section 1701.260, Occupations Code;
(2) suspension or revocation
of the employee's license to carry a [concealed] handgun issued
under Subchapter H, Chapter 411, Government Code;
(3) termination of the
employee's employment with the public junior college; or
(4) notice from the
governing board of the public junior college that the employee's services
as school marshal are no longer required.
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No
equivalent provision.
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SECTION 3. Section
231.302(c-1), Family Code, is amended to read as follows:
(c-1) For purposes of
issuing a license to carry a [concealed] handgun under Subchapter H,
Chapter 411, Government Code, the Department of Public Safety is not
required to request, and an applicant is not required to provide, the
applicant's social security number.
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No
equivalent provision.
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SECTION 4. The heading to
Subchapter H, Chapter 411, Government Code, is amended.
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SECTION 1. Same as introduced
version.
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SECTION 5. Sections 411.1741(a)
and (b), Government Code, are amended.
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SECTION 2. Same as introduced
version.
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SECTION 6. Section
411.190(c), Government Code, is amended to read as follows:
(c) In the manner applicable
to a person who applies for a license to carry a handgun, the department
shall conduct a background check of a person who applies for certification
as a qualified handgun instructor. If the background check indicates that
the applicant for certification would not qualify to receive a handgun
license, the department may not certify the applicant as a qualified
handgun instructor. If the background check indicates that the applicant
for certification would qualify to receive a handgun license, the
department shall provide handgun instructor training to the applicant. The
applicant shall pay a fee of $100 to the department for the training. The
applicant must take and successfully complete the training offered by the
department and pay the training fee before the department may certify the
applicant as a qualified handgun instructor. The department shall issue a
license to carry a handgun under [the authority of] this subchapter
to any person who is certified as a qualified handgun instructor and who
pays to the department a fee of $100 in addition to the training fee. The
department by rule may prorate or waive the training fee for an employee of
another governmental entity.
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No
equivalent provision.
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SECTION 7. Sections
411.201(c), (e), and (h), Government Code, are amended to read as follows:
(c) An active judicial
officer is eligible for a license to carry a handgun under [the
authority of] this subchapter. A retired judicial officer is eligible
for a license to carry a handgun under [the authority of] this
subchapter if the officer:
(1) has not been convicted
of a felony;
(2) has not, in the five
years preceding the date of application, been convicted of a Class A or
Class B misdemeanor or equivalent offense;
(3) is not charged with the
commission of a Class A or Class B misdemeanor or equivalent offense or of
a felony under an information or indictment;
(4) is not a chemically
dependent person; and
(5) is not a person of
unsound mind.
(e) On receipt of all the
application materials required by this section, the department shall:
(1) if the applicant is an
active judicial officer, issue a license to carry a handgun under [the
authority of] this subchapter; or
(2) if the applicant is a
retired judicial officer, conduct an appropriate background investigation
to determine the applicant's eligibility for the license and, if the
applicant is eligible, issue a license to carry a handgun under [the
authority of] this subchapter.
(h) The department shall
issue a license to carry a handgun under [the authority of] this
subchapter to an elected attorney representing the state in the prosecution
of felony cases who meets the requirements of this section for an active
judicial officer. The department shall waive any fee required for the
issuance of an original, duplicate, or renewed license under this subchapter
for an applicant who is an attorney elected or employed to represent the
state in the prosecution of felony cases.
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No
equivalent provision.
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SECTION 8. Section 411.203,
Government Code, is amended to read as follows:
Sec. 411.203. RIGHTS OF
EMPLOYERS. (a) This subchapter does not prevent or otherwise limit
the right of a public or private employer to prohibit persons who are
licensed under this subchapter or otherwise legally authorized to carry
a handgun or other firearm from carrying a handgun or other firearm
on the premises of the business.
(b) In this section,
"premises" has the meaning assigned by Section 46.035(f) [46.035(f)(3)],
Penal Code.
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No
equivalent provision.
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SECTION 9. Section
411.204(c), Government Code, is amended.
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SECTION 3. Same as introduced
version.
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SECTION 10. Section 411.205,
Government Code, is amended.
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SECTION 4. Same as introduced
version.
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SECTION 11. The heading to
Section 411.206, Government Code, is amended to read as follows:
Sec. 411.206. SEIZURE OF
HANDGUN AND HANDGUN LICENSE.
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No
equivalent provision.
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SECTION 12. Sections
411.206(a) and (c), Government Code, are amended to read as follows:
(a) If a peace officer
arrests and takes into custody a person [license holder] who
is carrying a handgun [under the authority of this subchapter], the
officer shall seize the person's [license holder's] handgun
and, if the person is a license holder under this subchapter and is
carrying the person's handgun license, the person's handgun license as
evidence.
(c) Any judgment of
conviction entered by any court for an offense under Section 46.035, Penal
Code, must contain the handgun license number of the convicted person,
if the person is a handgun license holder. A certified copy of the
judgment is conclusive and sufficient evidence to justify revocation of a
license under Section 411.186(a)(4).
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No
equivalent provision.
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SECTION 13. Sections
411.207(a), (b), and (c), Government Code, are amended to read as follows:
(a) A peace officer who is
acting in the lawful discharge of the officer's official duties may disarm
a person, including a license holder, who is carrying a handgun
at any time the officer reasonably believes it is necessary for the
protection of the person [license holder], officer, or
another individual. The peace officer shall return the handgun to the person
[license holder] before discharging the person [license
holder] from the scene if the officer determines that the person:
(1) [license
holder] is not a threat to the officer, person [license holder],
or another individual;
(2) [and if the
license holder] has not violated any provision of this subchapter or
committed any other violation that results in the arrest of the person;
and
(3) is a license
holder or otherwise legally authorized to carry a handgun.
(b) A peace officer who is
acting in the lawful discharge of the officer's official duties may [temporarily]
disarm only temporarily a person who is a license holder or
otherwise legally authorized to carry a handgun when the person
[a license holder] enters a nonpublic, secure portion of a law
enforcement facility. The[, if
the] law enforcement agency shall
provide [provides] a gun locker where the peace officer can
secure the person's [license holder's] handgun. The peace
officer shall secure the handgun in the locker and shall return the handgun
to the person [license holder] immediately after the person
[license holder] leaves the nonpublic, secure portion of the law
enforcement facility.
(c) A law enforcement
facility shall prominently display at each entrance to a nonpublic, secure
portion of the facility a sign that gives notice in both English and
Spanish that, under this section, a peace officer may temporarily disarm a person
who is a license holder or otherwise legally authorized to carry a
handgun when the person [license holder] enters the
nonpublic, secure portion of the facility. The sign must appear in
contrasting colors with block letters at least one inch in height. The
sign shall be displayed in a clearly visible and conspicuous manner.
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SECTION 5. Sections
411.207(b) and (c), Government Code, are amended to read as follows:
No
equivalent provision.
(b) A peace officer who is
acting in the lawful discharge of the officer's official duties may temporarily
disarm a person who is a license holder or otherwise legally
authorized to carry a handgun when the person [a license
holder] enters a nonpublic, secure portion of a law enforcement
facility, if the law enforcement
agency provides
a gun locker where the peace
officer can secure the person's [license holder's] handgun.
The peace officer shall secure the handgun in the locker and shall return
the handgun to the person [license holder] immediately after
the person [license holder] leaves the nonpublic, secure
portion of the law enforcement facility.
(c) Same as introduced
version.
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SECTION 14. The heading to
Section 411.209, Government Code, is amended to read as follows:
Sec. 411.209. WRONGFUL
EXCLUSION OF PERSON LEGALLY AUTHORIZED TO CARRY [CONCEALED]
HANDGUN [LICENSE HOLDER].
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No
equivalent provision.
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SECTION 15. Sections
411.209(a) and (d), Government Code, are amended to read as follows:
(a) A state agency or a
political subdivision of the state may not provide notice by a communication
described by Section 30.06 or 30.07, Penal Code, or by any sign
expressly referring to either of those provisions [that law or to
a concealed handgun license], that a person who is [license
holder] carrying a handgun [under the authority of this subchapter]
is prohibited from entering or remaining on a premises or other place owned
or leased by the governmental entity unless a person is [license
holders are] prohibited from carrying a handgun on the premises or
other place by Section 46.03 or 46.035, Penal Code, or other law.
(d) A resident [citizen]
of this state or a person licensed to carry a [concealed] handgun
under this subchapter may file a complaint with the attorney general that a
state agency or political subdivision is in violation of Subsection (a) if
the resident [citizen] or license holder [person]
provides the agency or subdivision a written notice that describes the
violation and specific location of the sign found to be in violation and
the agency or subdivision does not cure the violation before the end of the
third business day after the date of receiving the written notice. A
complaint filed under this subsection must include evidence of the
violation and a copy of the written notice.
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No
equivalent provision.
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SECTION 16. Section
12.092(b), Health and Safety Code, is amended to read as follows:
(b) The medical advisory
board shall assist the Department of Public Safety of the State of Texas in
determining whether:
(1) an applicant for a
driver's license or a license holder is capable of safely operating a motor
vehicle; or
(2) an applicant for or
holder of a license to carry a handgun under [the authority of]
Subchapter H, Chapter 411, Government Code, or an applicant for or holder
of a commission as a security officer under Chapter 1702, Occupations Code,
is capable of exercising sound judgment with respect to the proper use and
storage of a handgun.
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No
equivalent provision.
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SECTION 17. Section
42.042(e-2), Human Resources Code, is amended.
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SECTION 6. Same as introduced
version.
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SECTION 18. Section
52.062(a), Labor Code, is amended to read as follows:
(a) Section 52.061 does not:
(1) authorize a person who
holds a license to carry a handgun under Subchapter H, Chapter 411,
Government Code, who otherwise lawfully possesses a firearm, or who
lawfully possesses ammunition to possess a firearm or ammunition on any
property where the possession of a firearm or ammunition is prohibited by
state or federal law; or
(2) apply to:
(A) a vehicle owned or
leased by a public or private employer and used by an employee in the
course and scope of the employee's employment, unless the employee is
required to transport or store a firearm in the official discharge of the
employee's duties;
(B) a school district;
(C) an open-enrollment
charter school, as defined by Section 5.001, Education Code;
(D) a private school, as
defined by Section 22.081, Education Code;
(E) property owned or
controlled by a person, other than the employer, that is subject to a
valid, unexpired oil, gas, or other mineral lease that contains a provision
prohibiting the possession of firearms on the property; or
(F) property owned or leased
by a chemical manufacturer or oil and gas refiner with an air authorization
under Chapter 382, Health and Safety Code, and on which the primary
business conducted is the manufacture, use, storage, or transportation of
hazardous, combustible, or explosive materials, except in regard to an
employee who holds a license to carry a handgun under Subchapter H, Chapter
411, Government Code, who otherwise lawfully possesses a firearm, or who
lawfully possesses ammunition and who stores the [a]
firearm or ammunition [the employee is authorized by law to possess]
in a locked, privately owned motor vehicle in a parking lot, parking garage,
or other parking area the employer provides for employees that is outside
of a secured and restricted area:
(i) that contains the
physical plant;
(ii) that is not open to the
public; and
(iii) the ingress into which
is constantly monitored by security personnel.
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No
equivalent provision.
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SECTION 19. Section
191.010(a), Local Government Code, is amended to read as follows:
(a) In this section,
"photo identification" means one of the following forms of photo
identification:
(1) a driver's license,
election identification certificate, or personal identification card issued
to the person by any state or territory of the United States that has not
expired or that expired no earlier than 60 days before the date of
presentation;
(2) a United States military
identification card that contains the person's photograph that has not
expired or that expired no earlier than 60 days before the date of
presentation;
(3) a United States
citizenship certificate issued to the person that contains the person's photograph;
(4) a United States
Permanent Resident Card that has not expired or that expired no earlier
than 60 days before the date of presentation;
(5) an identification card
issued by a municipality intended to serve as a general identification card
for the holder that has not expired or that expired no earlier than 60 days
before the date of presentation;
(6) a federally recognized
tribal enrollment card or other form of tribal identification that has not
expired or that expired no earlier than 60 days before the date of
presentation;
(7) a United States passport
or a passport issued by a foreign government recognized by the United
States issued to the person that has not expired or that expired no earlier
than 60 days before the date of presentation; or
(8) a license to carry a [concealed]
handgun issued to the person by the Department of Public Safety that has
not expired or that expired no earlier than 60 days before the date of
presentation.
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No
equivalent provision.
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SECTION 20. Section
229.001(b), Local Government Code, is amended to read as follows:
(b) Subsection (a) does not
affect the authority a municipality has under another law to:
(1) require residents or
public employees to be armed for personal or national defense, law
enforcement, or another lawful purpose;
(2) regulate the discharge
of firearms or air guns within the limits of the municipality, other than
at a sport shooting range;
(3) regulate the use of
property, the location of a business, or uses at a business under the
municipality's fire code, zoning ordinance, or land-use regulations as long
as the code, ordinance, or regulations are not used to circumvent the
intent of Subsection (a) or Subdivision (5) of this subsection;
(4) regulate the use of
firearms, air guns, or knives in the case of an insurrection, riot, or
natural disaster if the municipality finds the regulations necessary to
protect public health and safety;
(5) regulate the storage or
transportation of explosives to protect public health and safety, except
that 25 pounds or less of black powder for each private residence and 50
pounds or less of black powder for each retail dealer are not subject to
regulation;
(6) regulate the carrying of
a firearm or air gun, [by a person] other than a [person
licensed to carry a] handgun carried by a person licensed under
Subchapter H, Chapter 411, Government Code, or by a person otherwise
legally authorized to carry the handgun, at a:
(A) public park;
(B) public meeting of a
municipality, county, or other governmental body;
(C) political rally, parade,
or official political meeting; or
(D) nonfirearms-related
school, college, or professional athletic event;
(7) regulate the hours of
operation of a sport shooting range, except that the hours of operation may
not be more limited than the least limited hours of operation of any other
business in the municipality other than a business permitted or licensed to
sell or serve alcoholic beverages for on-premises consumption; or
(8) regulate the carrying of
an air gun by a minor on:
(A) public property; or
(B) private property without
consent of the property owner.
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SECTION 7. Substantially the
same as introduced version.
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SECTION 21. Sections
62.082(d) and (e), Parks and Wildlife Code, are amended.
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SECTION 8. Same as introduced
version.
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SECTION 22. Section
284.001(e), Parks and Wildlife Code, is amended.
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SECTION 9. Same as introduced
version.
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SECTION 23. Section
30.05(f), Penal Code, is amended to read as follows:
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
(f) It is a defense to
prosecution under this section that:
(1) the basis on which entry
on the property or land or in the building was forbidden is that entry with
a firearm [handgun] was forbidden; and
(2) the person was carrying only[:
[(A)
a license issued under Subchapter H, Chapter 411, Government Code, to carry
a handgun; and
[(B)] a handgun that at the time of the offense the person was legally authorized to carry:
(A) [(i)] in a
concealed manner; or
(B) [(ii)] in
a shoulder or belt holster.
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SECTION 10. Section 30.05,
Penal Code, is amended by amending Subsections (d) and (f) and adding
Subsections (d-1) and (d-2) to read as follows:
(d) Subject to
Subsections (d-1) and (d-2), an [An] offense under this section
is:
(1) a Class B misdemeanor,
except as provided by Subdivisions (2) and (3);
(2) a Class C misdemeanor,
except as provided by Subdivision (3), if the offense is committed:
(A) on agricultural land and
within 100 feet of the boundary of the land; or
(B) on residential land and
within 100 feet of a protected freshwater area; and
(3) a Class A misdemeanor
if:
(A) the offense is
committed:
(i) in a habitation or a
shelter center;
(ii) on a Superfund site; or
(iii) on or in a critical
infrastructure facility; or
(B) the person carries a
deadly weapon during the commission of the offense.
(d-1) An offense under
this section is a Class C misdemeanor punishable by a fine not to exceed
$200 if:
(1) the sole basis on
which entry on the property or land or in the building was forbidden is
that entry with a firearm was forbidden; and
(2) the person was
carrying in a concealed manner or in a holster a handgun that the person
was legally authorized to carry at the time of the offense.
(d-2) An offense under
this section is a Class A misdemeanor if:
(1) the sole basis on
which entry on the property or land or in the building was forbidden is
that entry with a firearm was forbidden;
(2) the person was
carrying in a concealed manner or in a holster a handgun that the person
was legally authorized to carry at the time of the offense; and
(3) it is shown on the
trial of the offense that, after entering the property, land, or building,
the actor was personally given notice by oral communication that entry with
a firearm was forbidden and subsequently failed to depart.
(f) It is a defense to
prosecution under this section that:
(1) the sole basis on which entry on the
property or land or in the building was forbidden is that entry with a firearm
[handgun] was forbidden; and
(2) at the time of the
offense the person was carrying:
(A)
a license issued under Subchapter H, Chapter 411, Government Code, to carry
a handgun; and
(B) a handgun:
(i) in a concealed manner;
or
(ii) in a [shoulder or belt] holster.
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SECTION 24. The heading to
Section 30.06, Penal Code, is amended to read as follows:
Sec. 30.06. TRESPASS BY PERSON
[LICENSE HOLDER] WITH [A] CONCEALED HANDGUN.
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No
equivalent provision.
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SECTION 25. Sections
30.06(a), (c), (d), and (e), Penal Code, are amended to read as follows:
(a) A person [license
holder] commits an offense if the person [license holder]:
(1) carries a concealed
handgun [under the authority of Subchapter H, Chapter 411, Government
Code,] on property of another without effective consent; and
(2) received notice that
entry on the property by a person [license holder] with a
concealed handgun was forbidden.
(c) In this section:
(1) "Entry" has
the meaning assigned by Section 30.05(b).
(2) ["License
holder" has the meaning assigned by Section 46.035(f).
[(3)] "Written
communication" means:
(A) a card or other document
on which is written language identical to the following: "Pursuant to
Section 30.06, Penal Code (trespass by person [license holder]
with [a] concealed handgun), a person [licensed under Subchapter
H, Chapter 411, Government Code (handgun licensing law),] may not enter
this property with a concealed handgun"; or
(B) a sign posted on the
property that:
(i) includes the language
described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting
colors with block letters at least one inch in height; and
(iii) is displayed in a
conspicuous manner clearly visible to the public at each entrance to the
property.
(d) An offense under this
section is a Class C misdemeanor punishable by a fine not to exceed $200,
except that the offense is a Class A misdemeanor if it is shown on the
trial of the offense that, after entering the property, the person [license
holder] was personally given the notice by oral communication described
by Subsection (b) and subsequently failed to depart.
(e) It is an exception to
the application of this section that the property on which the person
[license holder] carries a handgun is owned or leased by a
governmental entity and is not a premises or other place on which the person
[license holder] is prohibited from carrying the handgun under
Section 46.03 or 46.035 or other law.
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No
equivalent provision.
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SECTION 26. The heading to
Section 30.07, Penal Code, is amended to read as follows:
Sec. 30.07. TRESPASS BY PERSON
[LICENSE HOLDER] WITH [AN] OPENLY CARRIED HANDGUN.
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No
equivalent provision.
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SECTION 27. Sections
30.07(a), (c), (d), and (e), Penal Code, are amended to read as follows:
(a) A person [license
holder] commits an offense if the person [license holder]:
(1) openly carries a handgun
[under the authority of Subchapter H, Chapter 411, Government Code,]
on property of another without effective consent; and
(2) received notice that
entry on the property by a person [license holder] openly
carrying a handgun was forbidden.
(c) In this section:
(1) "Entry" has
the meaning assigned by Section 30.05(b).
(2) ["License
holder" has the meaning assigned by Section 46.035(f).
[(3)] "Written
communication" means:
(A) a card or other document
on which is written language identical to the following: "Pursuant to
Section 30.07, Penal Code (trespass by person [license holder]
with [an] openly carried handgun), a person [licensed under
Subchapter H, Chapter 411, Government Code (handgun licensing law),]
may not enter this property with a handgun that is carried openly"; or
(B) a sign posted on the
property that:
(i) includes the language
described by Paragraph (A) in both English and Spanish;
(ii) appears in contrasting
colors with block letters at least one inch in height; and
(iii) is displayed in a
conspicuous manner clearly visible to the public at each entrance to the
property.
(d) An offense under this
section is a Class C misdemeanor punishable by a fine not to exceed $200,
except that the offense is a Class A misdemeanor if it is shown on the
trial of the offense that, after entering the property, the person [license
holder] was personally given the notice by oral communication described
by Subsection (b) and subsequently failed to depart.
(e) It is an exception to
the application of this section that the property on which the person
[license holder] openly carries a [the] handgun is
owned or leased by a governmental entity and is not a premises or other
place on which the person [license holder] is prohibited from
carrying the handgun under Section 46.03 or 46.035 or other law.
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No
equivalent provision.
|
No
equivalent provision.
|
SECTION 11. Section
30.07(f), Penal Code, is amended to read as follows:
(f) It is not a defense to
prosecution under this section that the handgun was carried in a [shoulder
or belt] holster.
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SECTION 28. Section
46.02(a-1), Penal Code, is amended to read as follows:
(a-1) A person commits an
offense if the person intentionally, knowingly, or recklessly carries on or
about his or her person a handgun in a motor vehicle or watercraft that is
owned by the person or under the person's control at any time in which:
(1) the handgun is in plain
view, unless the person is legally authorized [licensed] to
carry a handgun [under Subchapter H, Chapter 411, Government Code],
and the handgun is carried in a shoulder
or belt holster; or
(2) the person is:
(A) engaged in criminal
activity, other than a Class C misdemeanor that is a violation of a law or
ordinance regulating traffic or boating;
(B) prohibited by law from
possessing a firearm; or
(C) a member of a criminal
street gang, as defined by Section 71.01.
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SECTION 12. Section
46.02(a-1), Penal Code, is amended to read as follows:
(a-1) A person commits an
offense if the person intentionally, knowingly, or recklessly carries on or
about his or her person a handgun in a motor vehicle or watercraft that is
owned by the person or under the person's control at any time in which:
(1) the handgun is in plain
view, unless the person is legally authorized [licensed] to
carry a handgun [under Subchapter H, Chapter 411, Government Code],
and the handgun is carried in a [shoulder
or belt] holster; or
(2) the person is:
(A) engaged in criminal
activity, other than a Class C misdemeanor that is a violation of a law or
ordinance regulating traffic or boating;
(B) prohibited by law from
possessing a firearm; or
(C) a member of a criminal
street gang, as defined by Section 71.01.
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SECTION 29. Sections
46.03(e-1) and (e-2), Penal Code, are amended.
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SECTION 13. Same as
introduced version.
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SECTION 30. Section
46.03(f), Penal Code, as amended by Chapters 437 (H.B. 910) and 1001 (H.B.
554), Acts of the 84th Legislature, Regular Session, 2015, is reenacted and
amended to read as follows:
(f) Except as provided by
Subsection (a)(1)(B) or (e-1), it is not a defense to prosecution
under this section that the actor possessed a handgun and was:
(1) licensed to carry
a handgun under Subchapter H, Chapter 411, Government Code; or
(2) otherwise legally
authorized to carry a handgun.
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No
equivalent provision.
|
SECTION 31. The heading to
Section 46.035, Penal Code, is amended.
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SECTION 14. Same as
introduced version.
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SECTION 32. Section 46.035,
Penal Code, is amended by amending Subsections (a), (b), (c), and (d) and
adding Subsection (b-1) to read as follows:
(a) A person who is a
license holder or otherwise legally authorized to carry a handgun
commits an offense if the person [license holder] carries a
handgun [on or about the license holder's person under the authority of
Subchapter H, Chapter 411, Government Code,] and intentionally displays
the handgun in plain view of another person in a public place. It is an
exception to the application of this subsection that the handgun was
partially or wholly visible but was carried in a shoulder or belt holster [by the license holder].
(b) A person who is a
license holder or otherwise legally authorized to carry a handgun
commits an offense if the person [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 or carried in a shoulder or belt holster[, 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 person [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 facility licensed under Chapter 242, Health and
Safety Code, unless the person [license holder] has written
authorization of the hospital or nursing facility administration, as
appropriate;
(5) in an amusement park; or
(6)
on the premises of a church, synagogue, or other established place of
religious worship.
(b-1) A person commits an
offense if the person intentionally, knowingly, or recklessly carries a
handgun, regardless of whether the handgun is concealed or carried in a
shoulder or belt holster, on the premises of a business that has a permit
or license issued under Subtitle A or B, Title 3, Alcoholic Beverage Code,
other than a business described by Subsection (b)(1), unless the person is
a license holder under Subchapter H, Chapter 411, Government Code.
(c) A person who is a
license holder or otherwise legally authorized to carry a handgun
commits an offense if the person [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 or carried in a shoulder or belt holster, in the room or rooms where a
meeting of a governmental entity is held and if the meeting is an open
meeting subject to Chapter 551, Government Code, and the entity provided
notice as required by that chapter.
(d) A person who is a
license holder or otherwise legally authorized to carry a handgun
commits an offense if the person[, while intoxicated, the license
holder] carries a handgun while the person is intoxicated [under
the authority of Subchapter H, Chapter 411, Government Code],
regardless of whether the handgun is concealed or carried in a shoulder or belt holster.
No
equivalent provision.
No
equivalent provision.
|
SECTION 15. Sections
46.035(a), (b), (c), (d), (i), and (l), Penal Code, are amended to read as
follows:
(a) A person who is a
license holder or otherwise legally authorized to carry a handgun
commits an offense if the person [license holder] carries a
handgun [on or about the license holder's person under the authority of
Subchapter H, Chapter 411, Government Code,] and intentionally displays
the handgun in plain view of another person in a public place. It is an
exception to the application of this subsection that the handgun was
partially or wholly visible but was carried in a [shoulder or belt] holster [by the license
holder].
(b) A person who is a
license holder or otherwise legally authorized to carry a handgun
commits an offense if the person [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 or carried in a [shoulder or belt] holster[, 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 person [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 facility licensed under Chapter 242, Health and
Safety Code, unless the person [license holder] has written
authorization of the hospital or nursing facility administration, as
appropriate; or
(5) in an amusement park[; or
[(6)
on the premises of a church, synagogue, or other established place of
religious worship].
No
equivalent provision.
(c) A person who is a
license holder or otherwise legally authorized to carry a handgun
commits an offense if the person [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 or carried in a [shoulder or belt] holster, in the room or rooms
where a meeting of a governmental entity is held and if the meeting is an
open meeting subject to Chapter 551, Government Code, and the entity
provided notice as required by that chapter.
(d) A person who is a
license holder or otherwise legally authorized to carry a handgun
commits an offense if the person[, while intoxicated, the license
holder] carries a handgun while the person is intoxicated [under
the authority of Subchapter H, Chapter 411, Government Code],
regardless of whether the handgun is concealed or carried in a [shoulder or belt] holster.
(i) Subsections (b)(4),
(b)(5), [(b)(6),] and (c) do not apply to a license holder who
[if the actor] was not given effective notice under Section 30.06 or
30.07.
(l) Subsection (b)(2) does
not apply to a license holder on the premises where a collegiate
sporting event is taking place if the license holder [actor]
was not given effective notice under Section 30.06.
|
No
equivalent provision.
|
SECTION 16. Section
46.035(h-1), Penal Code, as added by Chapter 1222 (H.B. 2300), Acts of the
80th Legislature, Regular Session, 2007, is amended to read as follows:
(h-1) It is a defense to
prosecution under Subsections (b)(1), (2), (4), and (5) [(4)-(6),]
and (c) that at the time of the commission of the offense, the actor was:
(1) a judge or justice of a
federal court;
(2) an active judicial
officer, as defined by Section 411.201, Government Code; or
(3) a district attorney,
assistant district attorney, criminal district attorney, assistant criminal
district attorney, county attorney, or assistant county attorney.
|
SECTION 33. Section
46.15(b), Penal Code, is amended to read as follows:
No
equivalent provision.
(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 437.001, 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, motor vehicle, or watercraft, 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 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 is wearing the officer's uniform
and carrying the officer's weapon in plain view;
(5) acts as a personal
protection officer and carries the person's security officer commission and
personal protection officer authorization, if the person:
(A) is engaged in the
performance of the person's duties as a personal protection officer under
Chapter 1702, Occupations Code, or is traveling to or from the person's
place of assignment; and
(B) is either:
(i) wearing the uniform of a
security officer, including any uniform or apparel described by Section
1702.323(d), Occupations Code, and carrying the officer's weapon in plain
view; or
(ii) not wearing the uniform
of a security officer and carrying the officer's weapon in a concealed
manner;
(6) is [carrying]:
(A) a license holder
[issued] under Subchapter H, Chapter 411, Government Code, or a person who meets the requirements under
Sections 411.172(a)(1)-(13), Government Code [to carry a
handgun]; and
(B) carrying a
handgun:
(i) in a concealed manner;
or
(ii) in a shoulder or belt holster;
(7) 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
(8) 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 17. Sections
46.15(a) and (b), Penal Code, are amended to read as follows:
(a) Sections 46.02, [and]
46.03, and 46.035 do not apply to:
(1) peace officers or
special investigators under Article 2.122, Code of Criminal Procedure, and
neither section prohibits a peace officer or special investigator from
carrying a weapon in this state, including in an establishment in this
state serving the public, regardless of whether the peace officer or special
investigator is engaged in the actual discharge of the officer's or
investigator's duties while carrying the weapon;
(2) parole officers and
neither section prohibits an officer from carrying a weapon in this state
if the officer is:
(A) engaged in the actual
discharge of the officer's duties while carrying the weapon; and
(B) in compliance with
policies and procedures adopted by the Texas Department of Criminal Justice
regarding the possession of a weapon by an officer while on duty;
(3) community supervision
and corrections department officers appointed or employed under Section
76.004, Government Code, and neither section prohibits an officer from
carrying a weapon in this state if the officer is:
(A) engaged in the actual
discharge of the officer's duties while carrying the weapon; and
(B) authorized to carry a
weapon under Section 76.0051, Government Code;
(4) an active judicial
officer as defined by Section 411.201, Government Code, who is licensed to
carry a handgun under Subchapter H, Chapter 411, Government Code;
(5) an honorably retired
peace officer, qualified retired law enforcement officer, federal criminal
investigator, or former reserve law enforcement officer who holds a
certificate of proficiency issued under Section 1701.357, Occupations Code,
and is carrying a photo identification that is issued by a federal, state,
or local law enforcement agency, as applicable, and that verifies that the
officer is:
(A) an honorably retired
peace officer;
(B) a qualified retired law enforcement
officer;
(C) a federal criminal
investigator; or
(D) a former reserve law
enforcement officer who has served in that capacity not less than a total
of 15 years with one or more state or local law enforcement agencies;
(6) a district attorney,
criminal district attorney, county attorney, or municipal attorney who is
licensed to carry a handgun under Subchapter H, Chapter 411, Government
Code;
(7) an assistant district
attorney, assistant criminal district attorney, or assistant county attorney
who is licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code;
(8) a bailiff designated by
an active judicial officer as defined by Section 411.201, Government Code,
who is:
(A) licensed to carry a
handgun under Subchapter H, Chapter 411, Government Code; and
(B) engaged in escorting the
judicial officer; or
(9) a juvenile probation
officer who is authorized to carry a firearm under Section 142.006, Human
Resources Code.
(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 437.001, 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, motor vehicle, or watercraft, 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 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 is wearing the officer's uniform
and carrying the officer's weapon in plain view;
(5) acts as a personal
protection officer and carries the person's security officer commission and
personal protection officer authorization, if the person:
(A) is engaged in the
performance of the person's duties as a personal protection officer under
Chapter 1702, Occupations Code, or is traveling to or from the person's
place of assignment; and
(B) is either:
(i) wearing the uniform of a
security officer, including any uniform or apparel described by Section
1702.323(d), Occupations Code, and carrying the officer's weapon in plain
view; or
(ii) not wearing the uniform
of a security officer and carrying the officer's weapon in a concealed
manner;
(6) is [carrying:
[(A)] a license holder
[issued] under Subchapter H, Chapter 411, Government Code, [to
carry a handgun;] and is carrying
[(B)] a handgun:
(A) [(i)] in a
concealed manner; or
(B) [(ii)] in
a [shoulder or belt]
holster;
(7)
is at least 21 years of age and:
(A) has not been convicted of a felony;
(B) is fully qualified under applicable federal law to purchase
and possess a handgun;
(C) meets the requirements under Sections 411.172(a)(1)-(13),
Government Code;
(D) is not a member of a criminal street gang, as defined by
Section 71.01; and
(E) is carrying a handgun:
(i) in a concealed manner; or
(ii) in a holster;
(8) 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
(9) [(8)] 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.
|
No
equivalent provision.
|
SECTION 18. The following
provisions are repealed:
(1) Sections 11.041,
11.61(e), 61.11, and 61.71(f), Alcoholic Beverage Code; and
(2) Section 411.204(d),
Government Code.
|
SECTION 34. The changes in
law made by this Act relating to the authority of a person to carry a
handgun apply to the carrying of a handgun on or after the effective date
of this Act by any person who may legally carry a handgun under this Act.
|
SECTION 19. Same as
introduced version.
|
SECTION 35. The changes in
law made by this Act apply 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 governed 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 20. Same as
introduced version.
|
SECTION 36. To the extent of
any conflict, this Act prevails over another Act of the 85th Legislature,
Regular Session, 2017, relating to nonsubstantive additions to and
corrections in enacted codes.
|
No
equivalent provision.
|
SECTION 37. This Act takes
effect September 1, 2017.
|
SECTION 21. Same as
introduced version.
|
|