81R3905 SJM-D
By: Martinez Fischer H.B. No. 1164
A BILL TO BE ENTITLED
AN ACT
relating to restrictions on the use of a stun gun; providing certain
criminal penalties and defenses to prosecution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.01, Penal Code, is amended by adding
Subdivisions (17) and (18) to read as follows:
(17) "Stun gun" means a device that is intended,
designed, made, or adapted to incapacitate a person by inflicting
an electrical charge through the emission of a projectile or
conductive stream.
(18) "Recognized state" means another state with which
the attorney general of this state, with the approval of the
governor of this state, negotiated an agreement after determining
that the other state:
(A) has firearm proficiency requirements for
peace officers; and
(B) fully recognizes the right of peace officers
commissioned in this state to carry weapons in the other state.
SECTION 2. Section 46.03, Penal Code, is amended by adding
Subsections (j) and (k) to read as follows:
(j) It is a defense to prosecution under this section that
the actor possessed a stun gun and was, at the time of the offense:
(1) a license holder under Subchapter H-1, Chapter
411, Government Code, who engaged in the conduct after successfully
completing the training described by Section 411.223, Government
Code; or
(2) a commissioned security officer registered with
the Private Security Bureau of the Department of Public Safety who
engaged in the conduct while traveling to or from the actor's place
of assignment or in the actual discharge of duties as a commissioned
security officer.
(k) It is an exception to the application of this section
that the actor possessed a stun gun and was, at the time of the
offense, a peace officer, including a commissioned peace officer of
a recognized state and a special investigator under Article 2.122,
Code of Criminal Procedure, who was authorized by law to carry a
weapon.
SECTION 3. Section 46.05, Penal Code, is amended by
amending Subsections (a) and (b) and adding Subsections (h) and (i)
to read as follows:
(a) A person commits an offense if he intentionally or
knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; [or]
(9) a zip gun; or
(10) a stun gun.
(b) It is a defense to prosecution under Subsections
(a)(1)-(9) [this section] that the actor's conduct was incidental
to the performance of official duty by the armed forces or national
guard, a governmental law enforcement agency, or a correctional
facility.
(h) It is a defense to prosecution under Subsection (a)(10)
that the actor was, at the time of the offense:
(1) a license holder under Subchapter H-1, Chapter
411, Government Code, who engaged in the conduct after successfully
completing the training described by Section 411.223, Government
Code; or
(2) a commissioned security officer registered with
the Private Security Bureau of the Department of Public Safety who
engaged in the conduct in the actual discharge of duties as a
commissioned security officer.
(i) It is an exception to the application of Subsection
(a)(10) that the actor was, at the time of the offense, a peace
officer, including a commissioned peace officer of a recognized
state and a special investigator under Article 2.122, Code of
Criminal Procedure, who was authorized by law to carry a weapon.
SECTION 4. Chapter 411, Government Code, is amended by
adding Subchapter H-1 to read as follows:
SUBCHAPTER H-1. LICENSE TO CARRY A STUN GUN
Sec. 411.220. DEFINITIONS. In this subchapter, "recognized
state" and "stun gun" have the meanings assigned by Section 46.01,
Penal Code.
Sec. 411.221. LICENSE TO CARRY A CONCEALED STUN GUN. The
department by rule shall establish a procedure for a person to
obtain a license to carry a stun gun.
Sec. 411.222. PERSONS EXEMPT FROM LICENSING. A person is
not required to obtain a license under this chapter if the person is
a peace officer, including a commissioned peace officer of a
recognized state and a special investigator under Article 2.122,
Code of Criminal Procedure, who is authorized by law to carry a
weapon.
Sec. 411.223. STANDARDS AND PROCEDURAL REQUIREMENTS. In
establishing a procedure under Section 411.221, the department
shall require an applicant for a license under this subchapter to
meet standards and satisfy procedural requirements that are
substantially similar to the standards and procedural requirements
for obtaining a license to carry a concealed handgun described by
the following sections of Subchapter H:
(1) eligibility (Section 411.172);
(2) application (Section 411.174);
(3) issuance or denial of license (Section 411.177);
(4) form of license (Section 411.179(a));
(5) notification of denial, revocation, or suspension
of license; review (Section 411.180);
(6) expiration (Section 411.183);
(7) modification (Section 411.184);
(8) renewal (Section 411.185);
(9) revocation (Section 411.186); and
(10) suspension of license (Section 411.187).
Sec. 411.224. STUN GUN PROFICIENCY AND TRAINING. (a) The
director by rule shall establish minimum standards for stun gun
proficiency and shall develop and make widely available throughout
the state a course to teach stun gun proficiency and an examination
to measure stun gun proficiency. The examination to measure stun
gun proficiency must require an actual demonstration by the
applicant of the applicant's ability to safely and proficiently use
a stun gun.
(b) Except as provided by Subsection (c), the department
shall charge a fee for the training offered under this section.
(c) The director by rule shall establish minimum standards
for the certification of stun gun instructors. An applicant for
certification as a stun gun instructor under this subsection must
be a peace officer employed by the department and must successfully
complete the training offered under this section before the
department may certify the applicant as a stun gun instructor. An
applicant for certification as a stun gun instructor is not
required to pay a fee for the training under this section.
Sec. 411.225. OTHER RULES AND PROCEDURES. The department
shall adopt any other rule or establish any other procedure
necessary or appropriate to administer this subchapter.
Sec. 411.226. CONFIDENTIALITY OF RECORDS. The department
shall disclose to a criminal justice agency information contained
in its files and records regarding whether a named individual or any
individual named in a specified list is licensed under this
subchapter. The department shall, on written request and payment
of a reasonable fee to cover costs of copying, disclose to any other
individual whether a named individual or any individual whose full
name is listed on a specified written list is licensed under this
subchapter. Information on an individual subject to disclosure
under this section includes the individual's name, date of birth,
gender, race, and zip code. Except as otherwise provided by this
section, all other records maintained under this subchapter are
confidential and are not subject to mandatory disclosure under the
open records law, Chapter 552, except that the applicant or license
holder may be furnished a copy of disclosable records on request and
the payment of a reasonable fee. The department shall notify a
license holder of any request that is made for information relating
to the license holder under this section and provide the name of the
person or agency making the request. This section does not prohibit
the department from making public and distributing to the public at
no cost lists of individuals who are certified as stun gun
instructors by the department.
Sec. 411.227. DISPLAYING LICENSE; PENALTY. (a) If a
license holder is carrying a stun gun on or about the license
holder's person when a magistrate or a peace officer demands that
the license holder display identification, the license holder shall
display both the license holder's driver's license or
identification certificate issued by the department and the license
holder's license issued under this subchapter. A person who fails
or refuses to display the license and identification as required by
this subsection is subject to suspension of the person's license as
provided by department rule adopted under this subchapter.
(b) A person commits an offense if the person fails or
refuses to display the license and identification as required by
Subsection (a) after previously having had the person's license
suspended for a violation of that subsection. An offense under this
subsection is a Class B misdemeanor.
Sec. 411.228. AUTHORITY OF PEACE OFFICER TO DISARM. A peace
officer who is acting in the lawful discharge of the officer's
official duties may disarm a license holder at any time the officer
reasonably believes it is necessary for the protection of the
license holder, the officer, or another individual. The peace
officer shall return the stun gun to the license holder before
discharging the license holder from the scene if the officer
determines that the license holder is not a threat to the officer,
the license holder, or another individual and if the license holder
has not violated any provision of this subchapter or committed any
other violation that results in the arrest of the license holder.
SECTION 5. The public safety director of the Department of
Public Safety shall adopt the rules required by Subchapter H-1,
Chapter 411, Government Code, as added by this Act, not later than
November 1, 2009.
SECTION 6. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2009.
(b) Sections 1, 2, and 3 of this Act take effect March 1,
2010.