Texas 2015 - 84th Regular

Texas House Bill HB195 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Stickland H.B. No. 195
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the carrying of handguns; providing for the open
7	7	carrying of handguns; removing the requirement that a person who
8	8	may lawfully possess handguns obtain a Concealed Handgun License in
9	9	order to carry a handgun lawfully in the state of Texas, and
10	10	conforming changes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This act shall be known and cited as the Texas
13	13	Constitutional Carry Act of 2015.
14	14	SECTION 2. Section 46.02 Penal Code is amended to read as
15	15	follows:
16	16	Sec. 46.02. UNLAWFUL CARRYING WEAPONS.
17	17	[(a) A person commits an offense if the person
18	18	intentionally, knowingly, or recklessly carries on or about his or
19	19	her person a handgun, illegal knife, or club if the person is not:
20	20	[(1) on the person's own premises, or premises under
21	21	the person's control, or with permission of the premises owner; or
22	22	[(2) inside of or directly en route to a motor vehicle
23	23	or watercraft that is owned by the person or under the person's
24	24	control.
25	25	(a) [(a 1)] A person commits an offense if the person
26	26	intentionally, knowingly, or recklessly carries on or about his or
27	27	her person a handgun in a motor vehicle or watercraft that is owned
28	28	by the person or under the person's control at any time in which the
29	29	person is:
30	30	[(1) the handgun is in plain view; or
31	31	[(2) the person is:
32	32	(1) [(A)] engaged in criminal activity, other than a
33	33	Class C misdemeanor that is a violation of a law or ordinance
34	34	regulating traffic or boating;
35	35	(2) [(B)] prohibited by law from possessing a firearm;
36	36	or
37	37	(3) [(C)] a member of a criminal street gang, as
38	38	defined by Section71.01.
39	39	SECTION 3. Sect. 46.035, Penal Code, is amended to read as
40	40	follows:
41	41	Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN [BY LICENSE
42	42	HOLDER].
43	43	[(a) A license holder commits an offense if the license
44	44	holder carries a handgun on or about the license holder's person
45	45	under the authority of Subchapter H, Chapter 411, Government Code,
46	46	and intentionally fails to conceal the handgun.
47	47	(a) [(b)] A [license holder] person in possession of a
48	48	handgun commits an offense if they [the license holder]
49	49	intentionally, knowingly, or recklessly [carries] carry a handgun
50	50	[under the authority of Subchapter H, Chapter 411, Government Code,
51	51	regardless of whether the handgun is concealed,] on or about their
52	52	[the license holder's] person:
53	53	(1) on the premises of a business that has a permit or
54	54	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
55	55	Beverage Code, if the business derives 51 percent or more of its
56	56	income from the sale or service of alcoholic beverages for
57	57	on-premises consumption, as determined by the Texas Alcoholic
58	58	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
59	59	(2) on the premises where a high school, collegiate,
60	60	or professional sporting event or interscholastic event is taking
61	61	place, unless the [license holder] person is a participant in the
62	62	event where [and] a handgun is used in the event;
63	63	(3) on the premises of a correctional facility;
64	64	(4) on the premises of a hospital licensed under
65	65	Chapter 241, Health and Safety Code, or on the premises of a nursing
66	66	home licensed under Chapter 242, Health and Safety Code, unless the
67	67	[license holder] person has written authorization of the hospital
68	68	or nursing home administration, as appropriate;
69	69	(5) in an amusement park; [or]
70	70	(6) on the premises of a church, synagogue, or other
71	71	established place of religious worship; [.]
72	72	(7) [(c) A license holder commits an offense if the
73	73	license holder intentionally, knowingly, or recklessly carries a
74	74	handgun under the authority of Subchapter H, Chapter 411,
75	75	Government Code, regardless of whether the handgun is concealed, at
76	76	any meeting of a governmental entity; [.]
77	77	(8) [(d) A license holder commits an offense if,]
78	78	while intoxicated [, the license holder carries a handgun under the
79	79	authority of Subchapter H, Chapter 411, Government Code, regardless
80	80	of whether the handgun is concealed].
81	81	(b) [(c)] A [license holder] person who is licensed as a
82	82	security officer under Chapter 1702, Occupations Code, and employed
83	83	as a security officer commits an offense if, while in the course and
84	84	scope of the security officer's employment, the security officer
85	85	violates a provision of Subchapter H, Chapter 411, Government Code.
86	86	(c) In this section:
87	87	(1) "Amusement park" means a permanent indoor or
88	88	outdoor facility or park where amusement rides are available for
89	89	use by the public that is located in a county with a population of
90	90	more than one million, encompasses at least 75 acres in surface
91	91	area, is enclosed with access only through controlled entries, is
92	92	open for operation more than 120 days in each calendar year, and has
93	93	security guards on the premises at all times. The term does not
94	94	include any public or private driveway, street, sidewalk or
95	95	walkway, parking lot, parking garage, or other parking area.
96	96	[(2) "License holder" means a person licensed to carry
97	97	a handgun under Subchapter H, Chapter 411, Government Code.
98	98	(2) [(3)] "Premises" means a building or a portion of
99	99	a building. The term does not include any public or private
100	100	driveway, street, sidewalk or walkway, parking lot, parking garage,
101	101	or other parking area.
102	102	(3) "Intoxicated" has the meaning assigned by Section
103	103	49.01, Penal Code.
104	104	(d) [(g)] An offense under Subsection (a)[, (b), (c), (d),
105	105	or (e)] is a Class A misdemeanor, unless the offense is committed
106	106	under Subsection (a)(1) [(b)] or (a)(2) [(b)(3)], in which event
107	107	the offense is a felony of the third degree.
108	108	[(h) It is a defense to prosecution under Subsection (a)
109	109	that the actor, at the time of the commission of the offense,
110	110	displayed the handgun under circumstances in which the actor would
111	111	have been justified in the use of deadly force under Chapter 9.]
112	112	(e) [(h 1)] It is a defense to prosecution under Subsections
113	113	(a)(1), (a)(2), (a)(3), (a)(4), (a)(5), and (a)(6), [(b)(1), (2),
114	114	and (4) - (7), and (c)] that the actor, at the time of the commission
115	115	of the offense, was:
116	116	(1) an active judicial officer, as defined by Section
117	117	411.201, Government Code; or
118	118	(2) a bailiff designated by the active judicial
119	119	officer and engaged in escorting the officer.
120	120	(f) [(h-1)] It is a defense to prosecution under
121	121	Subsections (a)(1) [(b)], (2), and (4)- (7) [(6), and (c)] that at
122	122	the time of the commission of the offense, the actor was:
123	123	(1) a judge or justice of a federal court;
124	124	(2) an active judicial officer, as defined by Section
125	125	411.201, Government Code; or
126	126	(3) a district attorney, assistant district attorney,
127	127	criminal district attorney, assistant criminal district attorney,
128	128	county attorney, or assistant county attorney.
129	129	(g) [(i)] Subsections (a)(3), (a)(4), (a)(5), (a)(6), and
130	130	(a)(7) [(b)(4), (b)(5),(b)(6), and (c)] do not apply if the actor
131	131	was not given effective notice under Section 30.06.
132	132	(h) [(j)] Subsection[s] (a)(1) [and (b)] does not apply to a
133	133	historical reenactment performed in compliance with the rules of
134	134	the Texas Alcoholic Beverage Commission.
135	135	(i) [(k)] It is a defense to prosecution under
136	136	Subsection(a)(1) [(b)] that the actor was not given effective
137	137	notice under Section 411.204, Government Code.
138	138	SECTION 4. Sect. 46.15, Penal Code, is amended by adding
139	139	Subsection (k) to read as follows:
140	140	(k) Notwithstanding any other provision of this chapter or
141	141	any other law to the contrary, no person shall be required to obtain
142	142	any license to carry a handgun as a condition for being able to
143	143	carry handguns openly or concealed in the State of Texas except a
144	144	person who is prohibited from possessing a handgun under 18 USC §
145	145	922.
146	146	SECTION 5. Sect. 411.207, Government Code, Subsection (A)
147	147	is amended to read as follows:
148	148	AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who
149	149	is acting in the lawful discharge of the officer's official duties
150	150	may disarm a [license holder] person in possession of a handgun at
151	151	any time the officer [reasonably] has probable cause to believe[s
152	152	it is necessary for] that the person [the protection of the license
153	153	holder,] poses an imminent threat to themselves, the officer, or
154	154	another individual. The peace officer shall return the handgun to
155	155	the [license holder] person before discharging the [license holder]
156	156	person from the scene if the officer determines that the [license
157	157	holder] person is not a threat to themselves, the officer, [license
158	158	holder,] or another individual and if the [license holder] person
159	159	has not [violated any provision of this subchapter or] committed
160	160	any [other] violation that results in [the] their arrest [of the
161	161	license holder]. The mere possession or carrying of a firearm,
162	162	openly or concealed, with or without a Concealed Handgun License,
163	163	shall not constitute probable cause for a peace officer to disarm or
164	164	detain an otherwise law-abiding person.
165	165	SECTION 5. Sect. 411.205, Government Code is herby
166	166	repealed.
167	167	SECTION 6. This Act takes effect immediately if it receives
168	168	a vote of two-thirds of all the members elected to each house, as
169	169	provided by Section 39, Article III, Texas Constitution. If this
170	170	Act does not receive the vote necessary for immediate effect, this
171	171	Act takes effect on the 91st day after the last day of the
172	172	legislative session.