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A BILL TO BE ENTITLED
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AN ACT
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relating to the manner of carrying a handgun by a person who holds a |
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license under Subchapter H, Chapter 411, Government Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 46.035(a), (b), (c), and (d), Penal |
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Code, are amended to read as follows: |
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(a) A license holder commits an offense if the license |
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holder carries a handgun on or about the license holder's person |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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and intentionally displays the handgun in plain view of another |
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person in a public place. It is an exception to the application of |
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this subsection that the handgun was partially or wholly visible |
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but was carried in a [shoulder or belt] holster by the license |
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holder. |
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(b) A license holder commits an offense if the license |
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holder intentionally, knowingly, or recklessly carries a handgun |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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regardless of whether the handgun is concealed or carried in a |
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[shoulder or belt] holster, on or about the license holder's |
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person: |
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(1) on the premises of a business that has a permit or |
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license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
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Beverage Code, if the business derives 51 percent or more of its |
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income from the sale or service of alcoholic beverages for |
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on-premises consumption, as determined by the Texas Alcoholic |
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Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
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(2) on the premises where a high school, collegiate, |
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or professional sporting event or interscholastic event is taking |
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place, unless the license holder is a participant in the event and a |
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handgun is used in the event; |
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(3) on the premises of a correctional facility; |
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(4) on the premises of a hospital licensed under |
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Chapter 241, Health and Safety Code, or on the premises of a nursing |
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facility licensed under Chapter 242, Health and Safety Code, unless |
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the license holder has written authorization of the hospital or |
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nursing facility administration, as appropriate; |
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(5) in an amusement park; or |
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(6) on the premises of a civil commitment facility. |
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(c) A license holder commits an offense if the license |
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holder intentionally, knowingly, or recklessly carries a handgun |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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regardless of whether the handgun is concealed or carried in a |
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[shoulder or belt] holster, in the room or rooms where a meeting of |
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a governmental entity is held and if the meeting is an open meeting |
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subject to Chapter 551, Government Code, and the entity provided |
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notice as required by that chapter. |
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(d) A license holder commits an offense if, while |
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intoxicated, the license holder carries a handgun under the |
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authority of Subchapter H, Chapter 411, Government Code, regardless |
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of whether the handgun is concealed or carried in a [shoulder or |
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belt] holster. |
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SECTION 2. Section 30.05(f), Penal Code, is amended to read |
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as follows: |
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(f) It is a defense to prosecution under this section that: |
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(1) the basis on which entry on the property or land or |
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in the building was forbidden is that entry with a handgun was |
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forbidden; and |
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(2) the person was carrying: |
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(A) a license issued under Subchapter H, Chapter |
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411, Government Code, to carry a handgun; and |
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(B) a handgun: |
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(i) in a concealed manner; or |
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(ii) in a [shoulder or belt] holster. |
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SECTION 3. Section 30.07(f), Penal Code, is amended to read |
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as follows: |
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(f) It is not a defense to prosecution under this section |
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that the handgun was carried in a [shoulder or belt] holster. |
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SECTION 4. Section 46.02(a-1), Penal Code, is amended to |
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read as follows: |
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(a-1) A person commits an offense if the person |
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intentionally, knowingly, or recklessly carries on or about his or |
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her person a handgun in a motor vehicle or watercraft that is owned |
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by the person or under the person's control at any time in which: |
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(1) the handgun is in plain view, unless the person is |
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licensed to carry a handgun under Subchapter H, Chapter 411, |
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Government Code, and the handgun is carried in a [shoulder or belt] |
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holster; or |
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(2) the person is: |
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(A) engaged in criminal activity, other than a |
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Class C misdemeanor that is a violation of a law or ordinance |
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regulating traffic or boating; |
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(B) prohibited by law from possessing a firearm; |
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or |
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(C) a member of a criminal street gang, as |
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defined by Section 71.01. |
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SECTION 5. Section 46.15(b), Penal Code, is amended to read |
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as follows: |
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(b) Section 46.02 does not apply to a person who: |
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(1) is in the actual discharge of official duties as a |
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member of the armed forces or state military forces as defined by |
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Section 437.001, Government Code, or as a guard employed by a penal |
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institution; |
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(2) is traveling; |
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(3) is engaging in lawful hunting, fishing, or other |
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sporting activity on the immediate premises where the activity is |
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conducted, or is en route between the premises and the actor's |
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residence, motor vehicle, or watercraft, if the weapon is a type |
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commonly used in the activity; |
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(4) holds a security officer commission issued by the |
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Texas Private Security Board, if the person is engaged in the |
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performance of the person's duties as an officer commissioned under |
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Chapter 1702, Occupations Code, or is traveling to or from the |
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person's place of assignment and is wearing the officer's uniform |
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and carrying the officer's weapon in plain view; |
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(5) acts as a personal protection officer and carries |
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the person's security officer commission and personal protection |
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officer authorization, if the person: |
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(A) is engaged in the performance of the person's |
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duties as a personal protection officer under Chapter 1702, |
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Occupations Code, or is traveling to or from the person's place of |
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assignment; and |
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(B) is either: |
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(i) wearing the uniform of a security |
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officer, including any uniform or apparel described by Section |
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1702.323(d), Occupations Code, and carrying the officer's weapon in |
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plain view; or |
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(ii) not wearing the uniform of a security |
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officer and carrying the officer's weapon in a concealed manner; |
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(6) is carrying: |
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(A) a license issued under Subchapter H, Chapter |
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411, Government Code, to carry a handgun; and |
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(B) a handgun: |
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(i) in a concealed manner; or |
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(ii) in a [shoulder or belt] holster; |
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(7) holds an alcoholic beverage permit or license or |
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is an employee of a holder of an alcoholic beverage permit or |
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license if the person is supervising the operation of the permitted |
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or licensed premises; or |
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(8) is a student in a law enforcement class engaging in |
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an activity required as part of the class, if the weapon is a type |
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commonly used in the activity and the person is: |
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(A) on the immediate premises where the activity |
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is conducted; or |
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(B) en route between those premises and the |
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person's residence and is carrying the weapon unloaded. |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 7. This Act takes effect September 1, 2021. |
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* * * * * |