| 1 | 1 | | 81R1019 PEP-D |
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| 2 | 2 | | By: Gonzalez Toureilles H.B. No. 140 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use or display under certain circumstances of an |
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| 8 | 8 | | expired license to carry a concealed handgun. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 46.15(b), Penal Code, as amended by |
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| 11 | 11 | | Chapters 647 (H.B. 964), 693 (H.B. 1815), and 1048 (H.B. 2101), Acts |
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| 12 | 12 | | of the 80th Legislature, Regular Session, 2007, is reenacted to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (b) Section 46.02 does not apply to a person who: |
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| 15 | 15 | | (1) is in the actual discharge of official duties as a |
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| 16 | 16 | | member of the armed forces or state military forces as defined by |
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| 17 | 17 | | Section 431.001, Government Code, or as a guard employed by a penal |
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| 18 | 18 | | institution; |
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| 19 | 19 | | (2) is traveling; |
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| 20 | 20 | | (3) is engaging in lawful hunting, fishing, or other |
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| 21 | 21 | | sporting activity on the immediate premises where the activity is |
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| 22 | 22 | | conducted, or is en route between the premises and the actor's |
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| 23 | 23 | | residence or motor vehicle, if the weapon is a type commonly used in |
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| 24 | 24 | | the activity; |
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| 25 | 25 | | (4) holds a security officer commission issued by the |
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| 26 | 26 | | Texas Private Security Board, if the person: |
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| 27 | 27 | | (A) is engaged in the performance of the person's |
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| 28 | 28 | | duties as an officer commissioned under Chapter 1702, Occupations |
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| 29 | 29 | | Code, or is traveling to or from the person's place of assignment; |
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| 30 | 30 | | and |
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| 31 | 31 | | (B) is either: |
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| 32 | 32 | | (i) wearing the officer's uniform and |
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| 33 | 33 | | carrying the officer's weapon in plain view; or |
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| 34 | 34 | | (ii) acting as a personal protection |
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| 35 | 35 | | officer and carrying the person's security officer commission and |
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| 36 | 36 | | personal protection officer authorization; |
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| 37 | 37 | | (5) is carrying a concealed handgun and a valid |
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| 38 | 38 | | license issued under Subchapter H, Chapter 411, Government Code, to |
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| 39 | 39 | | carry a concealed handgun of the same category as the handgun the |
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| 40 | 40 | | person is carrying; |
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| 41 | 41 | | (6) holds an alcoholic beverage permit or license or |
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| 42 | 42 | | is an employee of a holder of an alcoholic beverage permit or |
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| 43 | 43 | | license if the person is supervising the operation of the permitted |
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| 44 | 44 | | or licensed premises; or |
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| 45 | 45 | | (7) is a student in a law enforcement class engaging in |
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| 46 | 46 | | an activity required as part of the class, if the weapon is a type |
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| 47 | 47 | | commonly used in the activity and the person is: |
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| 48 | 48 | | (A) on the immediate premises where the activity |
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| 49 | 49 | | is conducted; or |
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| 50 | 50 | | (B) en route between those premises and the |
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| 51 | 51 | | person's residence and is carrying the weapon unloaded. |
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| 52 | 52 | | SECTION 2. Section 46.15, Penal Code, is amended by adding |
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| 53 | 53 | | Subsection (g) to read as follows: |
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| 54 | 54 | | (g) For purposes of Subsection (b)(5), a valid license |
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| 55 | 55 | | includes an expired license if, before the expiration date of the |
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| 56 | 56 | | license, the license holder submitted an application for renewal of |
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| 57 | 57 | | the license to the Department of Public Safety in accordance with |
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| 58 | 58 | | Section 411.185, Government Code, and has not received notice that |
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| 59 | 59 | | the application for renewal was denied. |
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| 60 | 60 | | SECTION 3. Section 411.205(a), Government Code, is amended |
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| 61 | 61 | | to read as follows: |
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| 62 | 62 | | (a) If a license holder is carrying a handgun on or about the |
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| 63 | 63 | | license holder's person when a magistrate or a peace officer |
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| 64 | 64 | | demands that the license holder display identification, the license |
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| 65 | 65 | | holder shall display both the license holder's driver's license or |
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| 66 | 66 | | identification certificate issued by the department and the license |
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| 67 | 67 | | holder's handgun license, including any expired license that |
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| 68 | 68 | | remains in the person's possession. A person who fails or refuses |
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| 69 | 69 | | to display the person's [license and] identification and handgun |
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| 70 | 70 | | license as required by this subsection is subject to suspension of |
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| 71 | 71 | | the person's license as provided by Section 411.187 or, if the |
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| 72 | 72 | | license is expired, a refusal to renew the person's license for the |
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| 73 | 73 | | applicable period of suspension provided by that section. |
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| 74 | 74 | | SECTION 4. This Act takes effect immediately if it receives |
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| 75 | 75 | | a vote of two-thirds of all the members elected to each house, as |
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| 76 | 76 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 77 | 77 | | Act does not receive the vote necessary for immediate effect, this |
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| 78 | 78 | | Act takes effect September 1, 2009. |
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