87R68 LHC-D
 
  By: Ortega H.B. No. 127
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the unlawful carrying of certain firearms; creating a
  criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 46.02, Penal Code, is amended by adding
  Subsection (a-5) to read as follows:
         (a-5)  A person commits an offense if the person:
               (1)  intentionally, knowingly, or recklessly carries
  on or about his or her person a firearm other than a handgun at any
  time in which the firearm is in plain view; and
               (2)  is not:
                     (A)  on the person's own premises or premises
  under the person's control; 
                     (B)  inside of or directly en route to a motor
  vehicle or watercraft that is owned by the person or under the
  person's control; or
                     (C)  on privately owned real property with the
  effective consent of the owner of the real property.
         SECTION 2.  Sections 46.15(j), (k), and (l), Penal Code, are
  amended to read as follows:
         (j)  The provisions of Section 46.02 prohibiting the
  carrying of a firearm [handgun] do not apply to an individual who
  carries a firearm [handgun] as a participant in a historical
  reenactment performed in accordance with the rules of the Texas
  Alcoholic Beverage Commission.
         (k)  Section 46.02 does not apply to a person who carries a
  firearm [handgun] if:
               (1)  the person carries the firearm [handgun] while:
                     (A)  evacuating from an area following the
  declaration of a state of disaster under Section 418.014,
  Government Code, or a local state of disaster under Section
  418.108, Government Code, with respect to that area; or
                     (B)  reentering that area following the person's
  evacuation;
               (2)  not more than 168 hours have elapsed since the
  state of disaster or local state of disaster was declared, or more
  than 168 hours have elapsed since the time the declaration was made
  and the governor has extended the period during which a person may
  carry a firearm [handgun] under this subsection; and
               (3)  the person is not prohibited by state or federal
  law from possessing a firearm.
         (l)  Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), and
  (a)(4), and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(5), and
  (b)(6) do not apply to a person who carries a firearm [handgun] if:
               (1)  the person carries the firearm [handgun] on the
  premises, as defined by the statute providing the applicable
  offense, of a location operating as an emergency shelter during a
  state of disaster declared under Section 418.014, Government Code,
  or a local state of disaster declared under Section 418.108,
  Government Code;
               (2)  the owner, controller, or operator of the premises
  or a person acting with the apparent authority of the owner,
  controller, or operator, authorized the carrying of the firearm
  [handgun];
               (3)  the person carrying the firearm [handgun] complies
  with any rules and regulations of the owner, controller, or
  operator of the premises that govern the carrying of a firearm
  [handgun] on the premises; and
               (4)  the person is not prohibited by state or federal
  law from possessing a firearm.
         SECTION 3.  This Act takes effect September 1, 2021.