Texas 2011 - 82nd Regular

Texas House Bill HB25 Compare Versions

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1	1	By: Guillen, et al. (Senate Sponsor - Patrick) H.B. No. 25
2	2	(In the Senate - Received from the House May 16, 2011;
3	3	May 16, 2011, read first time and referred to Committee on Criminal
4	4	Justice; May 21, 2011, reported favorably by the following vote:
5	5	Yeas 6, Nays 0; May 21, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the carrying of certain weapons in a watercraft.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 46.02, Penal Code, is amended by
13	13	amending Subsections (a) and (a-1) and adding Subsection (a-3) to
14	14	read as follows:
15	15	(a) A person commits an offense if the person intentionally,
16	16	knowingly, or recklessly carries on or about his or her person a
17	17	handgun, illegal knife, or club if the person is not:
18	18	(1) on the person's own premises or premises under the
19	19	person's control; or
20	20	(2) inside of or directly en route to a motor vehicle
21	21	or watercraft that is owned by the person or under the person's
22	22	control.
23	23	(a-1) A person commits an offense if the person
24	24	intentionally, knowingly, or recklessly carries on or about his or
25	25	her person a handgun in a motor vehicle or watercraft that is owned
26	26	by the person or under the person's control at any time in which:
27	27	(1) the handgun is in plain view; or
28	28	(2) the person is:
29	29	(A) engaged in criminal activity, other than a
30	30	Class C misdemeanor that is a violation of a law or ordinance
31	31	regulating traffic or boating;
32	32	(B) prohibited by law from possessing a firearm;
33	33	or
34	34	(C) a member of a criminal street gang, as
35	35	defined by Section 71.01.
36	36	(a-3) For purposes of this section, "watercraft" means any
37	37	boat, motorboat, vessel, or personal watercraft, other than a
38	38	seaplane on water, used or capable of being used for transportation
39	39	on water.
40	40	SECTION 2. Section 46.15(b), Penal Code, is amended to read
41	41	as follows:
42	42	(b) Section 46.02 does not apply to a person who:
43	43	(1) is in the actual discharge of official duties as a
44	44	member of the armed forces or state military forces as defined by
45	45	Section 431.001, Government Code, or as a guard employed by a penal
46	46	institution;
47	47	(2) is traveling;
48	48	(3) is engaging in lawful hunting, fishing, or other
49	49	sporting activity on the immediate premises where the activity is
50	50	conducted, or is en route between the premises and the actor's
51	51	residence, [or] motor vehicle, or watercraft, if the weapon is a
52	52	type commonly used in the activity;
53	53	(4) holds a security officer commission issued by the
54	54	Texas Private Security Board, if the person is engaged in the
55	55	performance of the person's duties as an officer commissioned under
56	56	Chapter 1702, Occupations Code, or is traveling to or from the
57	57	person's place of assignment and is wearing the officer's uniform
58	58	and carrying the officer's weapon in plain view;
59	59	(5) acts as a personal protection officer and carries
60	60	the person's security officer commission and personal protection
61	61	officer authorization, if the person:
62	62	(A) is engaged in the performance of the person's
63	63	duties as a personal protection officer under Chapter 1702,
64	64	Occupations Code, or is traveling to or from the person's place of
65	65	assignment; and
66	66	(B) is either:
67	67	(i) wearing the uniform of a security
68	68	officer, including any uniform or apparel described by Section
69	69	1702.323(d), Occupations Code, and carrying the officer's weapon in
70	70	plain view; or
71	71	(ii) not wearing the uniform of a security
72	72	officer and carrying the officer's weapon in a concealed manner;
73	73	(6) is carrying a concealed handgun and a valid
74	74	license issued under Subchapter H, Chapter 411, Government Code, to
75	75	carry a concealed handgun of the same category as the handgun the
76	76	person is carrying;
77	77	(7) holds an alcoholic beverage permit or license or
78	78	is an employee of a holder of an alcoholic beverage permit or
79	79	license if the person is supervising the operation of the permitted
80	80	or licensed premises; or
81	81	(8) is a student in a law enforcement class engaging in
82	82	an activity required as part of the class, if the weapon is a type
83	83	commonly used in the activity and the person is:
84	84	(A) on the immediate premises where the activity
85	85	is conducted; or
86	86	(B) en route between those premises and the
87	87	person's residence and is carrying the weapon unloaded.
88	88	SECTION 3. The change in law made by this Act applies only
89	89	to an offense committed on or after the effective date of this Act.
90	90	An offense committed before the effective date of this Act is
91	91	covered by the law in effect when the offense was committed, and the
92	92	former law is continued in effect for that purpose. For purposes of
93	93	this section, an offense was committed before the effective date of
94	94	this Act if any element of the offense occurred before that date.
95	95	SECTION 4. This Act takes effect September 1, 2011.
96	96	* * * * *