By: Springer H.B. No. 49
A BILL TO BE ENTITLED
AN ACT
relating to the places where a person may carry a handgun if the
person is licensed to carry a concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.06(c)(2), Penal Code, is amended to
read as follows:
(2) "License holder" has the meaning assigned by
Section 46.035(d) [46.035(f)].
SECTION 2. Section 30.06(e) and (f), Penal Code, is amended
to read as follows:
(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity [and is not a premises or
other place on which the license holder is prohibited from carrying
the handgun under Section 46.03 or 46.035].
SECTION 3. Section 46.03(c)(1), Penal Code, is amended to
read as follows:
(1) "Premises" means a building or a portion of a
building. The term does not include any public or private driveway,
street, sidewalk or walkway, parking lot, parking garage, or other
parking area, or any portion of the building in which the activity
prompting the prohibition is not then ongoing [has the meaning
assigned by Section 46.035].
SECTION 4. Section 46.035, Penal Code, as amended by
Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
Legislature, Regular Session, 2007, is amended to read as follows:
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
HOLDER. (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person
under the authority of Subchapter H, Chapter 411, Government Code,
and intentionally fails to conceal the handgun.
(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.
[(c) 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, at any meeting of a
governmental entity.
[(d)] A license holder commits an offense if, while
intoxicated, the license holder carries a handgun under the
authority of Subchapter H, Chapter 411, Government Code, regardless
of whether the handgun is concealed.
(c) [(e)] A license holder who is licensed as a security
officer under Chapter 1702, Occupations Code, and employed as a
security officer commits an offense if, while in the course and
scope of the security officer's employment, the security officer
violates a provision of Subchapter H, Chapter 411, Government Code.
(d) [(f)] In this section, "license [:
[(1) "Amusement park" means a permanent indoor or
outdoor facility or park where amusement rides are available for
use by the public that is located in a county with a population of
more than one million, encompasses at least 75 acres in surface
area, is enclosed with access only through controlled entries, is
open for operation more than 120 days in each calendar year, and has
security guards on the premises at all times. The term does not
include any public or private driveway, street, sidewalk or
walkway, parking lot, parking garage, or other parking area.
[(2) "License] holder" means a person licensed to
carry a handgun under Subchapter H, Chapter 411, Government Code.
[(3) "Premises" means a building or a portion of a
building. The term does not include any public or private driveway,
street, sidewalk or walkway, parking lot, parking garage, or other
parking area.]
(e) [(g)] An offense under this section [Subsection (a),
(b), (c), (d), or (e)] is a Class C [A] misdemeanor, unless the
offense is committed under Subsection (b) and the license holder
has previously been convicted of an offense under Subsection (b),
in which the event the offense is a Class B Misdemeanor [(b)(1) or
(b)(3), in which event the offense is a felony of the third degree].
(f) [(h)] It is a defense to prosecution under Subsection
(a) that the actor, at the time of the commission of the offense,
displayed the handgun under circumstances in which the actor would
have been justified in the use of [deadly] force or threat of force
under Chapter 9.
(g) Subsection (a) does [(h-1) It is a defense to
prosecution under Subsections (b) and (c) that the actor, at the
time of the commission of the offense, was:
[(1) an active judicial officer, as defined by Section
411.201, Government Code; or
[(2) a bailiff designated by the active judicial
officer and engaged in escorting the officer.
[(h-1) It is a defense to prosecution under Subsections
(b)(1), (2), and (4)-(6), and (c) that at the time of the commission
of the offense, the actor was:
[(1) a judge or justice of a federal court;
[(2) an active judicial officer, as defined by Section
411.201, Government Code; or
[(3) a district attorney, assistant district
attorney, criminal district attorney, assistant criminal district
attorney, county attorney, or assistant county attorney.
[(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not
apply if the actor was not given effective notice under Section
30.06.
[(j) Subsections (a) and (b)(1) do] not apply to a
historical reenactment performed in compliance with the rules of
the Texas Alcoholic Beverage Commission.
[(k) It is a defense to prosecution under Subsection (b)(1)
that the actor was not given effective notice under Section
411.204, Government Code.]
SECTION 5. Sections 46.15(a) and (b), Penal Code, are
amended to read as follows:
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under
Article 2.122, Code of Criminal Procedure, and neither section
prohibits a peace officer or special investigator from carrying a
weapon in this state, including in an establishment in this state
serving the public, regardless of whether the peace officer or
special investigator is engaged in the actual discharge of the
officer's or investigator's duties while carrying the weapon;
(2) parole officers and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code;
(4) [an active judicial officer as defined by Section
411.201, Government Code, who is licensed to carry a concealed
handgun under Subchapter H, Chapter 411, Government Code;
[(5)] an honorably retired peace officer or federal
criminal investigator who holds a certificate of proficiency issued
under Section 1701.357, Occupations Code, and is carrying a photo
identification that:
(A) verifies that the officer honorably retired
after not less than 15 years of service as a commissioned officer;
and
(B) is issued by a state or local law enforcement
agency;
(5) a person who 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) [(9)] a juvenile probation officer who is
authorized to carry a firearm under Section 142.006, Human
Resources Code.
(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, 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
(7) [(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 6. Section 411.179(c), Government Code, is amended
to read as follows:
(c) In adopting the form of the license under Subsection
(a), the department shall establish a procedure for the license of a
qualified handgun instructor [or of a judge, justice, prosecuting
attorney, or assistant prosecuting attorney, as described by
Section 46.15(a)(5)(A), (B), or (C) [46.15(a)(4) or (6)], Penal
Code,] to indicate on the license the license holder's status as a
qualified handgun instructor [or as a judge, justice, district
attorney, criminal district attorney, or county attorney]. In
establishing the procedure, the department shall require
sufficient documentary evidence to establish the license holder's
status under this subsection.
SECTION 7. Section 411.198(b), Government Code, is amended
to read as follows:
(b) It is a defense to prosecution under Section 46.035(a)
[46.035], Penal Code, that the actor, at the time of the commission
of the offense, was the holder of an alias license issued under this
section.
SECTION 8. Section 11.041(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Each holder of a permit [who is not otherwise required
to display a sign under Section 411.204, Government Code,] shall
display in a prominent place on the permit holder's premises a sign
giving notice that it is unlawful for a person to carry a weapon on
the premises unless the weapon is a concealed handgun of the same
category the person is licensed to carry under Subchapter H,
Chapter 411, Government Code.
SECTION 9. Section 11.61(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) Except as provided by Subsection (f) or (i), the
commission or administrator shall cancel an original or renewal
permit if it is found, after notice and hearing, that the permittee
knowingly allowed a person to possess a firearm in a building on the
licensed premises. This subsection does not apply to a person:
(1) who holds a security officer commission issued
under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of
the person's duties as a security officer;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a permittee or an employee of a permittee if
the person is supervising the operation of the premises; or
(4) who possesses a concealed handgun of the same
category the person is licensed to carry under Subchapter H,
Chapter 411, Government Code[, unless the person is on the premises
of a business described by Section 46.035(b)(1), Penal Code].
SECTION 10. Section 61.11(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Each holder of a license [who is not otherwise required
to display a sign under Section 411.204, Government Code,] shall
display in a prominent place on the license holder's premises a sign
giving notice that it is unlawful for a person to carry a weapon on
the premises unless the weapon is a concealed handgun of the same
category the person is licensed to carry under Subchapter H,
Chapter 411, Government Code.
SECTION 11. Section 61.71(f), Alcoholic Beverage Code, is
amended to read as follows:
(f) Except as provided by Subsection (g) or (j), the
commission or administrator shall cancel an original or renewal
dealer's on-premises or off-premises license if it is found, after
notice and hearing, that the licensee knowingly allowed a person to
possess a firearm in a building on the licensed premises. This
subsection does not apply to a person:
(1) who holds a security officer commission issued
under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of
the person's duties as a security officer;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a licensee or an employee of a licensee if
the person is supervising the operation of the premises; or
(4) who possesses a concealed handgun of the same
category the person is licensed to carry under Subchapter H,
Chapter 411, Government Code[, unless the person is on the premises
of a business described by Section 46.035(b)(1), Penal Code].
SECTION 12. The following provisions are repealed:
(1) Section 104.06, Alcoholic Beverage Code;
(2) Sections 411.203 and 411.204, Government Code; and
(3) Section 46.03(f), Penal Code.
SECTION 13. 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
governed 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 14. 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.