By: Guillen, et al. (Senate Sponsor - Patrick) H.B. No. 25
(In the Senate - Received from the House May 16, 2011;
May 16, 2011, read first time and referred to Committee on Criminal
Justice; May 21, 2011, reported favorably by the following vote:
Yeas 6, Nays 0; May 21, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of certain weapons in a watercraft.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.02, Penal Code, is amended by
amending Subsections (a) and (a-1) and adding Subsection (a-3) to
read as follows:
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly carries on or about his or her person a
handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the
person's control; or
(2) inside of or directly en route to a motor vehicle
or watercraft that is owned by the person or under the person's
control.
(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; 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.
(a-3) For purposes of this section, "watercraft" means any
boat, motorboat, vessel, or personal watercraft, other than a
seaplane on water, used or capable of being used for transportation
on water.
SECTION 2. 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 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, 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 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;
(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 3. 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
covered by the law in effect when 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 4. This Act takes effect September 1, 2011.
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