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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing certain persons to carry a handgun without |
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a license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.15, Penal Code, is amended by adding |
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Subsection (m) to read as follows: |
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(m) Sections 46.02, 46.03(a)(1), (2), (3), (4), and (5), and |
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46.035(a), (a-1), (a-2), (a-3), (b)(1), (2), (4), and (5), and (c) |
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do not apply to a person who: |
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(1) is not prohibited under state or federal law from |
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possessing a firearm; |
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(2) is 18 years of age or older; |
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(3) is: |
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(A) protected under: |
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(i) a temporary restraining order or |
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temporary injunction issued under Subchapter F, Chapter 6, Family |
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Code; |
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(ii) a temporary ex parte order issued |
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under Chapter 83, Family Code; |
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(iii) a protective order issued under |
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Chapter 85, Family Code; |
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(iv) a protective order issued Chapter 7B, |
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Code of Criminal Procedure; or |
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(v) a magistrate's order for emergency |
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protection issued under Article 17.292, Code of Criminal Procedure; |
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(B) a member of the household or family of a |
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person protected under an order described by Paragraph (A); or |
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(C) a participant in the address confidentiality |
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program under Subchapter B, Chapter 58, Code of Criminal Procedure; |
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and |
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(4) carries: |
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(A) a handgun: |
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(i) in a concealed manner; or |
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(ii) in a shoulder or belt holster, unless |
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the person is on a premises described by Section 46.035(a-1); and |
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(B) documentation of the order or program |
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participation described by Subdivision (3). |
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SECTION 2. Section 11.61(e), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(e) Except as provided by Subsection (f) or (i), the |
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commission or administrator shall cancel an original or renewal |
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permit if it is found, after notice and hearing, that the permittee |
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knowingly allowed a person to possess a firearm in a building on the |
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licensed premises. This subsection does not apply to a person: |
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(1) who holds a security officer commission issued |
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under Chapter 1702, Occupations Code, if: |
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(A) the person is engaged in the performance of |
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the person's duties as a security officer; |
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(B) the person is wearing a distinctive uniform; |
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and |
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(C) the weapon is in plain view; |
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(2) who is a peace officer; |
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(3) who is a permittee or an employee of a permittee if |
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the person is supervising the operation of the premises; [or] |
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(4) who possesses a handgun the person is licensed to |
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carry under Subchapter H, Chapter 411, Government Code, unless the |
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person is on the premises of a business described by Section |
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46.035(b)(1), Penal Code; or |
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(5) who possesses a handgun and is a person described |
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by Section 46.15(m), Penal Code. |
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SECTION 3. Section 61.71(f), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(f) Except as provided by Subsection (g) or (j), the |
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commission or administrator shall cancel an original or renewal |
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dealer's on-premises or off-premises license if it is found, after |
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notice and hearing, that the licensee knowingly allowed a person to |
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possess a firearm in a building on the licensed premises. This |
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subsection does not apply to a person: |
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(1) who holds a security officer commission issued |
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under Chapter 1702, Occupations Code, if: |
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(A) the person is engaged in the performance of |
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the person's duties as a security officer; |
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(B) the person is wearing a distinctive uniform; |
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and |
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(C) the weapon is in plain view; |
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(2) who is a peace officer; |
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(3) who is a licensee or an employee of a licensee if |
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the person is supervising the operation of the premises; [or] |
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(4) who possesses a handgun the person is licensed to |
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carry under Subchapter H, Chapter 411, Government Code, unless the |
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person is on the premises of a business described by Section |
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46.035(b)(1), Penal Code; or |
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(5) who possesses a handgun and is a person described |
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by Section 46.15(m), Penal Code. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2021. |