83S10317 AJZ-F
By: Campbell S.B. No. 34
A BILL TO BE ENTITLED
AN ACT
relating to certain offenses involving the carrying of concealed
handguns by license holders and to defenses and exceptions to the
prosecution of those offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.03, Penal Code, is amended by
amending Subsection (f) and adding Subsection (f-1) to read as
follows:
(f) It is not a defense to prosecution under Subsection
(a)(1), (3), (5), or (6) [this section] that the actor possessed a
handgun and was licensed to carry a concealed handgun under
Subchapter H, Chapter 411, Government Code.
(f-1) It is an exception to the application of Subsections
(a)(2) and (4) that the actor possessed a handgun, and no other
weapon to which this section applies, and was licensed to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code.
SECTION 2. Sections 46.035(b) and (c), Penal Code, are
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; or
(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, unless the license holder has not received
effective notice under Section 30.06.
SECTION 3. Section 46.035(h-1), Penal Code, as added by
Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(h-1) It is a defense to prosecution under Subsections
(b)(1), (b)(2) [(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.
SECTION 4. Subsection (h-1), Section 46.035, Penal Code, as
added by Chapter 1214 (H.B. 1889), Acts of the 80th Legislature,
Regular Session, 2007, is redesignated as Subsection (h-2), Section
46.035, Penal Code, to read as follows:
(h-2) [(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.
SECTION 5. Sections 46.035(f)(1) and (i), Penal Code, are
repealed.
SECTION 6. 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 on the date 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 7. This Act takes effect on the 91st day after the
last day of the legislative session.