|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to authorizing certain person to carry a handgun |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 46.15 (k), NONAPPLICABILITY, is amended |
|
to read as follows: |
|
(k) Section 46.02 does not apply to a person who carries a |
|
handgun if |
|
(1) the person carries the 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 handgun under this subsection; and |
|
(3) the person is not prohibited by state or federal |
|
law from possessingpurchasing a firearm. |
|
SECTION 2. Section 46.02, Penal Code, UNLAWFUL CARRYING |
|
WEAPONS, is amended by amending Subsections (a) and (a-1) and |
|
adding Subsection (a-2) to read as follows: |
|
(a) A person younger than 21 years of age commits an offense |
|
if the person: |
|
(1) intentionally, knowingly, or recklessly carries |
|
on or about his or her person a handgun; and |
|
(2) is not: |
|
(A) on the person's own premises or premises |
|
under the person's control; or |
|
(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. |
|
(a-1) A person younger than 21 years of age 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 |
|
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. |
|
(a-2) A person commits an offense if the person carries a |
|
handgun on or about their person, 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 holster on or |
|
about the person. |
|
SECTION 3. Section 46.03, Penal Code, PLACES WEAPONS |
|
PROHIBITED, is amended to read as follows: |
|
(e-1) It is a defense to prosecution under Subsection (a)(5) |
|
that the actor: |
|
(1) possessed, at the screening checkpoint for the |
|
secured area, a concealed handgun that the actor was licensed to |
|
carry under Subchapter H, Chapter 411, Government Code; and |
|
(2) exited the screening checkpoint for the secured |
|
area immediately upon completion of the required screening |
|
processes and notification that the actor possessed the handgun. |
|
SECTION 4. Section 46.035, Penal Code, UNLAWFUL CARRYING OF |
|
HANDGUN BY LICENSE HOLDER, is amended to read as follows: |
|
(a) A license holderperson commits an offense if the |
|
license holderperson carries a handgun on or about the license |
|
holder'stheir 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 holderperson. |
|
(a-1) Notwithstanding Subsection (a), a license holder |
|
commits an offense if the license holder carries a partially or |
|
wholly visible handgun, regardless of whether the handgun is |
|
holstered, 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: |
|
(1) on the premises of an institution of higher |
|
education or private or independent institution of higher |
|
education; or |
|
(2) on any public or private driveway, street, |
|
sidewalk or walkway, parking lot, parking garage, or other parking |
|
area of an institution of higher education or private or |
|
independent institution of higher education. |
|
(a-2) Notwithstanding Subsection (a) or Section 46.03(a), a |
|
license holder commits an offense if the license holder carries a |
|
handgun on the campus of a private or independent institution of |
|
higher education in this state that has established rules, |
|
regulations, or other provisions prohibiting license holders from |
|
carrying handguns pursuant to Section 411.2031(e), Government |
|
Code, or on the grounds or building on which an activity sponsored |
|
by such an institution is being conducted, or in a passenger |
|
transportation vehicle of such an institution, regardless of |
|
whether the handgun is concealed, provided the institution gives |
|
effective notice under Section 30.06. |
|
(a-3) Notwithstanding Subsection (a) or Section 46.03(a), a |
|
license holder commits an offense if the license holder |
|
intentionally carries a concealed handgun on a portion of a |
|
premises located on the campus of an institution of higher |
|
education in this state on which the carrying of a concealed handgun |
|
is prohibited by rules, regulations, or other provisions |
|
established under Section 411.2031(d-1), Government Code, provided |
|
the institution gives effective notice under Section 30.06 with |
|
respect to that portion. |
|
(b) A license holderperson commits an offense if the |
|
license holderperson 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'stheir 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 holderperson 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 license holderperson has written authorization of the hospital |
|
or nursing facility administration, as appropriate; |
|
(5) in an amusement park; or |
|
(6) on the premises of a civil commitment facility. |
|
(c) A license holderperson commits an offense if the |
|
license holderperson 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 license holderperson commits an offense if, while |
|
intoxicated, the license holderperson carries a handgun under the |
|
authority of Subchapter H, Chapter 411, Government Code, or |
|
pursuant to the exception provided in Section 46.15(k), regardless |
|
of whether the handgun is concealed or carried in a shoulder or belt |
|
holster. |
|
(e) A license holder who is licensed as a security officer |
|
under Chapter 1702, Occupations Code, and employed as a security |
|
officer commits an offense if, while in the course and scope of the |
|
security officer's employment, the security officer violates a |
|
provision of Subchapter H, Chapter 411, Government Code. |
|
(f) In this section: |
|
(1) "Amusement park" means a permanent indoor or |
|
outdoor facility or park where amusement rides are available for |
|
use by the public that is located in a county with a population of |
|
more than one million, encompasses at least 75 acres in surface |
|
area, is enclosed with access only through controlled entries, is |
|
open for operation more than 120 days in each calendar year, and has |
|
security guards on the premises at all times. The term does not |
|
include any public or private driveway, street, sidewalk or |
|
walkway, parking lot, parking garage, or other parking area. |
|
(1-a) "Institution of higher education" and "private or |
|
independent institution of higher education" have the meanings |
|
assigned by Section 61.003, Education Code. |
|
(2) "License holder" means a person licensed to carry |
|
a handgun under Subchapter H, Chapter 411, Government Code. |
|
(3) "Premises" means a building or a portion of a |
|
building. The term does not include any public or private driveway, |
|
street, sidewalk or walkway, parking lot, parking garage, or other |
|
parking area. |
|
(g) An offense under this section is a Class A misdemeanor, |
|
unless the offense is committed under Subsection (b)(1) or (b)(3), |
|
in which event the offense is a felony of the third degree. |
|
(h) It is a defense to prosecution under Subsection (a), |
|
(a-1), (a-2), or (a-3) that the actor, at the time of the commission |
|
of the offense, displayed the handgun under circumstances in which |
|
the actor would have been justified in the use of force or deadly |
|
force under Chapter 9. |
|
SECTION 5. Section 30.05, Penal Code, is amended by adding |
|
Subsection (i-1) to read as follows: |
|
(i-1) If the basis on which entry on the property or land or |
|
in the building was forbidden is that entry with a firearm or other |
|
weapon was forbidden it is a defense to prosecution under this |
|
section that the person was personally given notice by oral |
|
communication and promptly departed from the property. |
|
SECTION 6. Chapter 30, Penal Code, is amended by adding |
|
Section 30.08, TRESPASS BY UNLICENSED HOLDER WITH A HANDGUN, to |
|
read as follows: |
|
(a) A person commits an offense if the person: |
|
(1) carries a handgun unlicensed, on property of |
|
another without effective consent; and |
|
(2) received notice that entry on the property by a |
|
unlicensed holder with a handgun was forbidden. |
|
b) For purposes of this section, a person receives notice if the |
|
owner of the property or someone with apparent authority to act for |
|
the owner provides notice to the person by oral or written |
|
communication. |
|
(c) In this section: |
|
(1) "Entry" has the meaning assigned by Section |
|
30.05(b). |
|
(2) Unlicensed has the meaning of anyone not a |
|
"License holder" has defined 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 30.08, |
|
Penal Code (TRESPASS BY UNLICENSED HOLDER WITH A HANDGUN), may not |
|
enter this property with a 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. |
|
(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 unlicensed 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 unlicensed holder carries a handgun |
|
is owned or leased by a governmental entity and is not a premises or |
|
other place on which the unlicensed holder is prohibited from |
|
carrying the handgun under Section 46.03 or 46.035. |
|
(e-1) It is a defense to prosecution under this section |
|
that: |
|
(1) the unlicensed holder is: |
|
(A) an owner of an apartment in a condominium |
|
regime governed by Chapter 81, Property Code; |
|
(B) an owner of a condominium unit governed by |
|
Chapter 82, Property Code; |
|
(C) a tenant or guest of an owner described by |
|
Paragraph (A) or (B); or |
|
(D) a guest of a tenant of an owner described by |
|
Paragraph (A) or (B); and |
|
(2) the unlicensed holder: |
|
(A) carries or stores a handgun in the |
|
condominium apartment or unit owner's apartment or unit; |
|
(B) carries a handgun directly en route to or |
|
from the condominium apartment or unit owner's apartment or unit; |
|
(C) carries a handgun directly en route to or |
|
from the unlicensed holder's vehicle located in a parking area |
|
provided for residents or guests of the condominium property; or |
|
(D) carries or stores a handgun in the unlicensed |
|
holder's vehicle located in a parking area provided for residents |
|
or guests of the condominium property. |
|
(e-2) It is a defense to prosecution under this section |
|
that: |
|
(1) the unlicensed holder is a tenant of a leased |
|
premises governed by Chapter 92, Property Code, or the tenant's |
|
guest; and |
|
(2) the unlicensed holder: |
|
(A) carries or stores a handgun in the tenant's |
|
rental unit; |
|
(B) carries a handgun directly en route to or |
|
from the tenant's rental unit; |
|
(C) carries a handgun directly en route to or |
|
from the unlicensed holder's vehicle located in a parking area |
|
provided for tenants or guests by the landlord of the leased |
|
premises; or |
|
(D) carries or stores a handgun in the unlicensed |
|
holder's vehicle located in a parking area provided for tenants or |
|
guests by the landlord of the leased premises. |
|
(e-3) It is a defense to prosecution under this section |
|
that: |
|
(1) the unlicensed holder is a tenant of a |
|
manufactured home lot governed by Chapter 94, Property Code, or the |
|
tenant's guest; and |
|
(2) the unlicensed holder: |
|
(A) carries or stores a handgun in the tenant's |
|
manufactured home; |
|
(B) carries a handgun directly en route to or |
|
from the tenant's manufactured home; |
|
(C) carries a handgun directly en route to or |
|
from the unlicensed holder's vehicle located in a parking area |
|
provided for tenants or tenants' guests by the landlord of the |
|
leased premises; or |
|
(D) carries or stores a handgun in the unlicensed |
|
holder's vehicle located in a parking area provided for tenants or |
|
tenants' guests by the landlord of the leased premises. |
|
(f) It is a defense to prosecution under this section that |
|
the unlicensed holder is volunteer emergency services personnel, as |
|
defined by Section 46.01. |
|
(g) It is a defense to prosecution under this section that |
|
the unlicensed holder was personally given notice by oral |
|
communication described by Subsection (b) and promptly departed |
|
from the property. |
|
SECTION 8. This Act takes effect September 1, 2021. |