Texas 2015 - 84th Regular

Texas Senate Bill SB311 Compare Versions

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

Old	New	Differences
1	1	84R1338 AJZ-F
2	2	By: Campbell S.B. No. 311
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain offenses involving the carrying of concealed
8	8	handguns by license holders and to defenses and exceptions to the
9	9	prosecution of those offenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 46.03, Penal Code, is amended by
12	12	amending Subsection (f) and adding Subsection (f-1) to read as
13	13	follows:
14	14	(f) It is not a defense to prosecution under Subsection
15	15	(a)(1), (3), (5), or (6) [this section] that the actor possessed a
16	16	handgun and was licensed to carry a concealed handgun under
17	17	Subchapter H, Chapter 411, Government Code.
18	18	(f-1) It is an exception to the application of Subsections
19	19	(a)(2) and (4) that the actor possessed a handgun, and no other
20	20	weapon to which this section applies, and was licensed to carry a
21	21	concealed handgun under Subchapter H, Chapter 411, Government Code.
22	22	SECTION 2. Sections 46.035(b) and (c), Penal Code, are
23	23	amended to read as follows:
24	24	(b) A license holder commits an offense if the license
25	25	holder intentionally, knowingly, or recklessly carries a handgun
26	26	under the authority of Subchapter H, Chapter 411, Government Code,
27	27	regardless of whether the handgun is concealed, on or about the
28	28	license holder's person:
29	29	(1) on the premises of a business that has a permit or
30	30	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
31	31	Beverage Code, if the business derives 51 percent or more of its
32	32	income from the sale or service of alcoholic beverages for
33	33	on-premises consumption, as determined by the Texas Alcoholic
34	34	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
35	35	(2) on the premises where a high school, collegiate,
36	36	or professional sporting event or interscholastic event is taking
37	37	place, unless the license holder is a participant in the event and a
38	38	handgun is used in the event; or
39	39	(3) on the premises of a correctional facility[;
40	40	[(4) on the premises of a hospital licensed under
41	41	Chapter 241, Health and Safety Code, or on the premises of a nursing
42	42	home licensed under Chapter 242, Health and Safety Code, unless the
43	43	license holder has written authorization of the hospital or nursing
44	44	home administration, as appropriate;
45	45	[(5) in an amusement park; or
46	46	[(6) on the premises of a church, synagogue, or other
47	47	established place of religious worship].
48	48	(c) A license holder commits an offense if the license
49	49	holder intentionally, knowingly, or recklessly carries a handgun
50	50	under the authority of Subchapter H, Chapter 411, Government Code,
51	51	regardless of whether the handgun is concealed, at any meeting of a
52	52	governmental entity, unless the license holder has not received
53	53	effective notice under Section 30.06.
54	54	SECTION 3. Section 46.035(h-1), Penal Code, as added by
55	55	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
56	56	Session, 2007, is amended to read as follows:
57	57	(h-1) It is a defense to prosecution under Subsections
58	58	(b)(1), (b)(2) [(2), and (4)-(6)], and (c) that at the time of the
59	59	commission of the offense, the actor was:
60	60	(1) a judge or justice of a federal court;
61	61	(2) an active judicial officer, as defined by Section
62	62	411.201, Government Code; or
63	63	(3) a district attorney, assistant district attorney,
64	64	criminal district attorney, assistant criminal district attorney,
65	65	county attorney, or assistant county attorney.
66	66	SECTION 4. Subsection (h-1), Section 46.035, Penal Code, as
67	67	added by Chapter 1214 (H.B. 1889), Acts of the 80th Legislature,
68	68	Regular Session, 2007, is redesignated as Subsection (h-2), Section
69	69	46.035, Penal Code, to read as follows:
70	70	(h-2) [(h-1)] It is a defense to prosecution under
71	71	Subsections (b) and (c) that the actor, at the time of the
72	72	commission of the offense, was:
73	73	(1) an active judicial officer, as defined by Section
74	74	411.201, Government Code; or
75	75	(2) a bailiff designated by the active judicial
76	76	officer and engaged in escorting the officer.
77	77	SECTION 5. Sections 46.035(f)(1) and (i), Penal Code, are
78	78	repealed.
79	79	SECTION 6. The change in law made by this Act applies only
80	80	to an offense committed on or after the effective date of this Act.
81	81	An offense committed before the effective date of this Act is
82	82	governed by the law in effect on the date the offense was committed,
83	83	and the former law is continued in effect for that purpose. For
84	84	purposes of this section, an offense was committed before the
85	85	effective date of this Act if any element of the offense occurred
86	86	before that date.
87	87	SECTION 7. This Act takes effect September 1, 2015.