84R3318 JSC-D
By: Keough H.B. No. 805
A BILL TO BE ENTITLED
AN ACT
relating to authorizing a license holder to carry a concealed
handgun on certain premises.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.06(e), 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:
(1) is owned or leased by a governmental entity or any
other entity that receives public money; and
(2) 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 2. 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)(2), (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 a defense to prosecution under Subsection
(a)(1), (3), or (4) that:
(1) the actor possessed a handgun and was licensed to
carry a concealed handgun under Subchapter H, Chapter 411,
Government Code; and
(2) the premises or other place on which the handgun
was possessed is owned or leased by a governmental entity or any
other entity that receives public money.
SECTION 3. Section 46.035, Penal Code, is amended by adding
Subsection (l) to read as follows:
(l) It is a defense to prosecution under Subsection (b)(2),
(4), (5), or (6) that the premises or other place on which the
handgun was possessed is owned or leased by a governmental entity or
any other entity that receives public money.
SECTION 4. Section 52.062(b), Labor Code, is amended to
read as follows:
(b) Section 52.061 does not affect any right under state law
of [prohibit] an employer to prohibit [from prohibiting] an
employee who holds a license to carry a concealed handgun under
Subchapter H, Chapter 411, Government Code, or who otherwise
lawfully possesses a firearm, from possessing a firearm the
employee is otherwise authorized by law to possess on the premises
of the employer's business. In this subsection, "premises" has the
meaning assigned by Section 46.035(f)(3), Penal Code.
SECTION 5. Section 411.203, Government Code, is amended to
read as follows:
Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does
not prevent or otherwise limit any [the] right under state law of a
public or private employer to prohibit persons who are licensed
under this subchapter from carrying a concealed handgun on the
premises of the business. In this section, "premises" has the
meaning assigned by Section 46.035(f)(3), Penal Code.
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 September 1, 2015.