By: Gonzalez Toureilles, et al. H.B. No. 140
(Senate Sponsor - Hinojosa)
(In the Senate - Received from the House May 4, 2009;
May 6, 2009, read first time and referred to Committee on Criminal
Justice; May 22, 2009, reported favorably by the following vote:
Yeas 6, Nays 0; May 22, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the use or display under certain circumstances of an
expired license to carry a concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.15(b), Penal Code, as amended by
Chapters 647 (H.B. 964), 693 (H.B. 1815), and 1048 (H.B. 2101), Acts
of the 80th Legislature, Regular Session, 2007, is reenacted 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 431.001, 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 or motor vehicle, 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:
(A) 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
(B) is either:
(i) wearing the officer's uniform and
carrying the officer's weapon in plain view; or
(ii) acting as a personal protection
officer and carrying the person's security officer commission and
personal protection officer authorization;
(5) is carrying a concealed handgun and a valid
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun of the same category as the handgun the
person is carrying;
(6) 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
(7) 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 2. Section 46.15, Penal Code, is amended by adding
Subsection (g) to read as follows:
(g) For purposes of Subsection (b)(5), a valid license
includes an expired license if, before the expiration date of the
license, the license holder submitted an application for renewal of
the license to the Department of Public Safety in accordance with
Section 411.185, Government Code, and has not received notice that
the application for renewal was denied.
SECTION 3. Section 411.205(a), Government Code, is amended
to read as follows:
(a) If a license holder is carrying a handgun 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 handgun license, including any expired license that
remains in the person's possession. A person who fails or refuses
to display the person's [license and] identification and handgun
license as required by this subsection is subject to suspension of
the person's license as provided by Section 411.187 or, if the
license is expired, a refusal to renew the person's license for the
applicable period of suspension provided by that section.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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