Texas 2015 - 84th Regular

Texas House Bill HB308 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R26605 E
2	2	By: Springer H.B. No. 308
3	3	Substitute the following for H.B. No. 308:
4	4	By: Phillips C.S.H.B. No. 308
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the places where a person may carry a handgun if the
10	10	person is licensed to carry a concealed handgun; amending
11	11	provisions subject to a criminal penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 30.06(d), Penal Code, is amended to read
14	14	as follows:
15	15	(d) An offense under this section is a Class C misdemeanor
16	16	punishable by a fine not to exceed $200, except that the offense is
17	17	a Class A misdemeanor if it is shown on the trial of the offense
18	18	that, after entering the property, the license holder was
19	19	personally given the notice by oral communication described by
20	20	Subsection (b) and subsequently failed to depart.
21	21	SECTION 2. Section 46.03, Penal Code, is amended by
22	22	amending Subsection (a) and adding Subsection (b-1) to read as
23	23	follows:
24	24	(a) A person commits an offense if the person intentionally,
25	25	knowingly, or recklessly possesses or goes with a firearm, illegal
26	26	knife, club, or prohibited weapon listed in Section 46.05(a):
27	27	(1) unless pursuant to written regulations or written
28	28	authorization of a school or educational institution, and
29	29	regardless of whether the school or educational institution is
30	30	public or private, on:
31	31	(A) the physical premises of the [a] school or
32	32	educational institution;
33	33	(B) the portion of[,] any grounds or building on
34	34	which an activity sponsored by the [a] school or educational
35	35	institution is being conducted; [,] or
36	36	(C) a passenger transportation vehicle of the [a]
37	37	school or educational institution[, whether the school or
38	38	educational institution is public or private, unless pursuant to
39	39	written regulations or written authorization of the institution];
40	40	(2) on the portion of the premises of a polling place
41	41	where voting or other election-related activities are occurring on
42	42	the day of an election or while early voting is in progress;
43	43	(3) on the premises of any government court or offices
44	44	utilized by the court, unless pursuant to written regulations or
45	45	written authorization of the court;
46	46	(4) on the premises of a racetrack;
47	47	(5) in or into a secured area of an airport; or
48	48	(6) within 1,000 feet of premises the location of
49	49	which is designated by the Texas Department of Criminal Justice as a
50	50	place of execution under Article 43.19, Code of Criminal Procedure,
51	51	on a day that a sentence of death is set to be imposed on the
52	52	designated premises and the person received notice that:
53	53	(A) going within 1,000 feet of the premises with
54	54	a weapon listed under this subsection was prohibited; or
55	55	(B) possessing a weapon listed under this
56	56	subsection within 1,000 feet of the premises was prohibited.
57	57	(b-1) It is a defense to prosecution under Subsection
58	58	(a)(1)(B) that at the time of the commission of the offense:
59	59	(1) the actor was carrying a handgun under the
60	60	authority of Subchapter H, Chapter 411, Government Code, and no
61	61	other weapon to which this section applies;
62	62	(2) the actor was not otherwise prohibited from
63	63	carrying the handgun under another provision of this code or other
64	64	law;
65	65	(3) the activity sponsored by the school or
66	66	educational institution was a field trip; and
67	67	(4) the actor was not a student, teacher, school or
68	68	school district administrator, or chaperone taking the field trip.
69	69	SECTION 3. Section 46.035, Penal Code, as amended by
70	70	Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
71	71	Legislature, Regular Session, 2007, is amended to read as follows:
72	72	Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
73	73	HOLDER. (a) A license holder commits an offense if the license
74	74	holder carries a handgun on or about the license holder's person
75	75	under the authority of Subchapter H, Chapter 411, Government Code,
76	76	and intentionally displays the handgun in plain view of another
77	77	person in a public place.
78	78	(b) A license holder commits an offense if the license
79	79	holder intentionally, knowingly, or recklessly carries a handgun
80	80	under the authority of Subchapter H, Chapter 411, Government Code,
81	81	regardless of whether the handgun is concealed, on or about the
82	82	license holder's person:
83	83	(1) on the premises of a business that has a permit or
84	84	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
85	85	Beverage Code, if the business derives 51 percent or more of its
86	86	income from the sale or service of alcoholic beverages for
87	87	on-premises consumption, as determined by the Texas Alcoholic
88	88	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
89	89	(2) on the premises where a high school, collegiate,
90	90	or professional sporting event or interscholastic event is taking
91	91	place, unless the license holder is a participant in the event and a
92	92	handgun is used in the event; or
93	93	(3) on the premises of a correctional facility[;
94	94	[(4) on the premises of a hospital licensed under
95	95	Chapter 241, Health and Safety Code, or on the premises of a nursing
96	96	home licensed under Chapter 242, Health and Safety Code, unless the
97	97	license holder has written authorization of the hospital or nursing
98	98	home administration, as appropriate;
99	99	[(5) in an amusement park; or
100	100	[(6) on the premises of a church, synagogue, or other
101	101	established place of religious worship].
102	102	(c) A license holder commits an offense if the license
103	103	holder intentionally, knowingly, or recklessly carries a handgun
104	104	under the authority of Subchapter H, Chapter 411, Government Code,
105	105	regardless of whether the handgun is concealed, at any meeting of a
106	106	governmental entity.
107	107	(d) A license holder commits an offense if, while
108	108	intoxicated, the license holder carries a handgun under the
109	109	authority of Subchapter H, Chapter 411, Government Code, regardless
110	110	of whether the handgun is concealed.
111	111	(e) A license holder who is licensed as a security officer
112	112	under Chapter 1702, Occupations Code, and employed as a security
113	113	officer commits an offense if, while in the course and scope of the
114	114	security officer's employment, the security officer violates a
115	115	provision of Subchapter H, Chapter 411, Government Code.
116	116	(f) In this section:
117	117	(1) ["Amusement park" means a permanent indoor or
118	118	outdoor facility or park where amusement rides are available for
119	119	use by the public that is located in a county with a population of
120	120	more than one million, encompasses at least 75 acres in surface
121	121	area, is enclosed with access only through controlled entries, is
122	122	open for operation more than 120 days in each calendar year, and has
123	123	security guards on the premises at all times. The term does not
124	124	include any public or private driveway, street, sidewalk or
125	125	walkway, parking lot, parking garage, or other parking area.
126	126	[(2)] "License holder" means a person licensed to
127	127	carry a handgun under Subchapter H, Chapter 411, Government Code.
128	128	(2) [(3)] "Premises" means a building or a portion of
129	129	a building. The term does not include any public or private
130	130	driveway, street, sidewalk or walkway, parking lot, parking garage,
131	131	or other parking area.
132	132	(g) An offense under this section [Subsection (a), (b), (c),
133	133	(d), or (e)] is a Class C [A] misdemeanor, unless the offense is
134	134	committed under Subsection (d) or the license holder has previously
135	135	been convicted of an offense under this section [(b)(1) or (b)(3)],
136	136	in which event the offense is a Class A misdemeanor [felony of the
137	137	third degree].
138	138	(h) It is a defense to prosecution under Subsection (a) that
139	139	the actor, at the time of the commission of the offense, displayed
140	140	the handgun under circumstances in which the actor would have been
141	141	justified in the use of force or deadly force under Chapter 9.
142	142	(h-1) It is a defense to prosecution under Subsections (b)
143	143	and (c) that the actor, at the time of the commission of the
144	144	offense, was:
145	145	(1) an active judicial officer, as defined by Section
146	146	411.201, Government Code; or
147	147	(2) a bailiff designated by the active judicial
148	148	officer and engaged in escorting the officer.
149	149	[(h-1) It is a defense to prosecution under Subsections
150	150	(b)(1), (2), and (4)-(6), and (c) that at the time of the commission
151	151	of the offense, the actor was:
152	152	[(1) a judge or justice of a federal court;
153	153	[(2) an active judicial officer, as defined by Section
154	154	411.201, Government Code; or
155	155	[(3) a district attorney, assistant district
156	156	attorney, criminal district attorney, assistant criminal district
157	157	attorney, county attorney, or assistant county attorney.]
158	158	(i) Subsection [Subsections (b)(4), (b)(5), (b)(6), and]
159	159	(c) does [do] not apply if the actor was not given effective notice
160	160	under Section 30.06.
161	161	(j) Subsections (a) and (b)(1) do not apply to a historical
162	162	reenactment performed in compliance with the rules of the Texas
163	163	Alcoholic Beverage Commission.
164	164	(k) It is a defense to prosecution under Subsection (b)(1)
165	165	that the actor was not given effective notice under Section
166	166	411.204, Government Code.
167	167	SECTION 4. Section 411.201(a)(2), Government Code, is
168	168	amended to read as follows:
169	169	(2) "Retired judicial officer" means:
170	170	(A) a special judge appointed under Section
171	171	26.023 or 26.024; [or]
172	172	(B) a senior judge designated under Section
173	173	75.001 or a judicial officer as designated or defined by Section
174	174	75.001, 831.001, or 836.001; or
175	175	(C) a retired federal judge who is a resident of
176	176	this state.
177	177	SECTION 5. Section 411.204(c), Government Code, is amended
178	178	to read as follows:
179	179	(c) The sign required under Subsection [Subsections] (a)
180	180	[and (b)] must give notice in both English and Spanish that it is
181	181	unlawful for a person licensed under this subchapter to carry a
182	182	handgun on the premises. The sign must appear in contrasting colors
183	183	with block letters at least one inch in height and must include on
184	184	its face the number "51" printed in solid red at least five inches
185	185	in height. The sign shall be displayed in a conspicuous manner
186	186	clearly visible to the public.
187	187	SECTION 6. Section 411.204(b), Government Code, is
188	188	repealed.
189	189	SECTION 7. The change in law made by this Act applies only
190	190	to an offense committed on or after the effective date of this Act.
191	191	An offense committed before the effective date of this Act is
192	192	governed by the law in effect when the offense was committed, and
193	193	the former law is continued in effect for that purpose. For
194	194	purposes of this section, an offense was committed before the
195	195	effective date of this Act if any element of the offense occurred
196	196	before that date.
197	197	SECTION 8. This Act takes effect January 1, 2016.