Texas 2015 - 84th Regular

Texas House Bill HB805 Compare Versions

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

Old	New	Differences
1	1	84R3318 JSC-D
2	2	By: Keough H.B. No. 805
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing a license holder to carry a concealed
8	8	handgun on certain premises.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 30.06(e), Penal Code, is amended to read
11	11	as follows:
12	12	(e) It is an exception to the application of this section
13	13	that the property on which the license holder carries a handgun:
14	14	(1) is owned or leased by a governmental entity or any
15	15	other entity that receives public money; and
16	16	(2) is not a premises or other place on which the
17	17	license holder is prohibited from carrying the handgun under
18	18	Section 46.03 or 46.035.
19	19	SECTION 2. Section 46.03, Penal Code, is amended by
20	20	amending Subsection (f) and adding Subsection (f-1) to read as
21	21	follows:
22	22	(f) It is not a defense to prosecution under Subsection
23	23	(a)(2), (5), or (6) [this section] that the actor possessed a
24	24	handgun and was licensed to carry a concealed handgun under
25	25	Subchapter H, Chapter 411, Government Code.
26	26	(f-1) It is a defense to prosecution under Subsection
27	27	(a)(1), (3), or (4) that:
28	28	(1) the actor possessed a handgun and was licensed to
29	29	carry a concealed handgun under Subchapter H, Chapter 411,
30	30	Government Code; and
31	31	(2) the premises or other place on which the handgun
32	32	was possessed is owned or leased by a governmental entity or any
33	33	other entity that receives public money.
34	34	SECTION 3. Section 46.035, Penal Code, is amended by adding
35	35	Subsection (l) to read as follows:
36	36	(l) It is a defense to prosecution under Subsection (b)(2),
37	37	(4), (5), or (6) that the premises or other place on which the
38	38	handgun was possessed is owned or leased by a governmental entity or
39	39	any other entity that receives public money.
40	40	SECTION 4. Section 52.062(b), Labor Code, is amended to
41	41	read as follows:
42	42	(b) Section 52.061 does not affect any right under state law
43	43	of [prohibit] an employer to prohibit [from prohibiting] an
44	44	employee who holds a license to carry a concealed handgun under
45	45	Subchapter H, Chapter 411, Government Code, or who otherwise
46	46	lawfully possesses a firearm, from possessing a firearm the
47	47	employee is otherwise authorized by law to possess on the premises
48	48	of the employer's business. In this subsection, "premises" has the
49	49	meaning assigned by Section 46.035(f)(3), Penal Code.
50	50	SECTION 5. Section 411.203, Government Code, is amended to
51	51	read as follows:
52	52	Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does
53	53	not prevent or otherwise limit any [the] right under state law of a
54	54	public or private employer to prohibit persons who are licensed
55	55	under this subchapter from carrying a concealed handgun on the
56	56	premises of the business. In this section, "premises" has the
57	57	meaning assigned by Section 46.035(f)(3), Penal Code.
58	58	SECTION 6. The change in law made by this Act applies only
59	59	to an offense committed on or after the effective date of this Act.
60	60	An offense committed before the effective date of this Act is
61	61	governed by the law in effect on the date the offense was committed,
62	62	and the former law is continued in effect for that purpose. For
63	63	purposes of this section, an offense was committed before the
64	64	effective date of this Act if any element of the offense occurred
65	65	before that date.
66	66	SECTION 7. This Act takes effect September 1, 2015.