Texas 2013 83rd Regular

Texas House Bill HB2535 Introduced / Bill

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                    83R7346 GCB-D
 By: Schaefer H.B. No. 2535


 A BILL TO BE ENTITLED
 AN ACT
 relating to the exemption from certain security licensure of
 certain persons who provide security services on a volunteer basis
 at a private primary or secondary school or church or religious
 organization.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter N, Chapter 1702, Occupations Code, is
 amended by adding Section 1702.3245 to read as follows:
 Sec. 1702.3245.  CERTAIN VOLUNTEERS. (a)  This chapter does
 not apply to a person who provides volunteer security services on
 the premises of:
 (1)  a private primary or secondary school at which the
 person is employed; or
 (2)  a church, synagogue, or other established place of
 religious worship if the person is a member of or regularly attends
 that established place of religious worship.
 (b)  In providing volunteer security services:
 (1)  a person described by Subsection (a)(1) may carry
 a weapon pursuant to a written authorization or regulations of the
 school, as provided by Section 46.03(a)(1), Penal Code; and
 (2)  a person described by Subsection (a)(2) may carry
 a concealed handgun under a license issued to the person under
 Subchapter H, Chapter 411, Government Code, pursuant to a written
 authorization of the established place of religious worship, as
 provided by Section 46.035(b)(6), Penal Code.
 SECTION 2.  Section 46.035(b), Penal Code, is amended to
 read as follows:
 (b)  A license holder commits an offense if the license
 holder intentionally, knowingly, or recklessly carries a handgun
 under the authority of Subchapter H, Chapter 411, Government Code,
 regardless of whether the handgun is concealed, on or about the
 license holder's person:
 (1)  on the premises of a business that has a permit or
 license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
 Beverage Code, if the business derives 51 percent or more of its
 income from the sale or service of alcoholic beverages for
 on-premises consumption, as determined by the Texas Alcoholic
 Beverage Commission under Section 104.06, Alcoholic Beverage Code;
 (2)  on the premises where a high school, collegiate,
 or professional sporting event or interscholastic event is taking
 place, unless the license holder is a participant in the event and a
 handgun is used in the event;
 (3)  on the premises of a correctional facility;
 (4)  on the premises of a hospital licensed under
 Chapter 241, Health and Safety Code, or on the premises of a nursing
 home licensed under Chapter 242, Health and Safety Code, unless the
 license holder has written authorization of the hospital or nursing
 home administration, as appropriate;
 (5)  in an amusement park; or
 (6)  on the premises of a church, synagogue, or other
 established place of religious worship, unless pursuant to written
 authorization of the established place of religious worship.
 SECTION 3.  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, 2013.