By: Springer  S.B. No. 550
         (In the Senate - Filed February 1, 2021; March 11, 2021,
  read first time and referred to Committee on State Affairs;
  April 9, 2021, reported favorably by the following vote:  Yeas 7,
  Nays 0; April 9, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the manner of carrying a handgun by a person who holds a
  license under Subchapter H, Chapter 411, Government Code.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 46.035(a), (b), (c), and (d), Penal
  Code, are amended to read as follows:
         (a)  A license holder commits an offense if the 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 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 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 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 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 civil commitment facility.
         (c)  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 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 holder commits an offense if, while
  intoxicated, the license holder 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.
         SECTION 2.  Section 30.05(f), Penal Code, is amended to read
  as follows:
         (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 handgun was
  forbidden; and
               (2)  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.
         SECTION 3.  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.
         SECTION 4.  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
  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.
         SECTION 5.  Section 46.15(b), Penal Code, is amended to read
  as follows:
         (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 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;
               (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 6.  The change in law made by this Act applies 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 on the date 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 7.  This Act takes effect September 1, 2021.
 
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