Texas 2015 - 84th Regular

Texas Senate Bill SB342 Compare Versions

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

Old	New	Differences
1	1	By: Huffines S.B. No. 342
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to providing for the open and concealed carrying of
7	7	handguns without a license and to related offenses and penalties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act shall be known as the Texas
10	10	Constitutional Carry Act of 2015.
11	11	SECTION 2. Section 46.02(a-1), Penal Code, is amended to
12	12	read as follows:
13	13	(a-1) A person commits an offense if the person
14	14	intentionally, knowingly, or recklessly carries on or about his or
15	15	her person a handgun in a motor vehicle or watercraft that is owned
16	16	by the person or under the person's control at any time in which the
17	17	person is:
18	18	(1) [the handgun is in plain view; or
19	19	[(2) the person is:
20	20	[(A)] engaged in criminal activity, other than a
21	21	Class C misdemeanor that is a violation of a law or ordinance
22	22	regulating traffic or boating;
23	23	(2) [(B)] prohibited by law from possessing a firearm;
24	24	or
25	25	(3) [(C)] a member of a criminal street gang, as
26	26	defined by Section 71.01.
27	27	SECTION 3. The heading to Section 46.035, Penal Code, is
28	28	amended to read as follows:
29	29	Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN [BY LICENSE
30	30	HOLDER].
31	31	SECTION 4. Sections 46.035(b), (e), (f), and (g), Penal
32	32	Code, are amended to read as follows:
33	33	(b) A person [license holder] commits an offense if he or
34	34	she [the license holder] intentionally, knowingly, or recklessly
35	35	carries a handgun [under the authority of Subchapter H, Chapter
36	36	411, Government Code, regardless of whether the handgun is
37	37	concealed,] on or about his or her [the license holder's] person:
38	38	(1) on the premises of a business that has a permit or
39	39	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
40	40	Beverage Code, if the business derives 51 percent or more of its
41	41	income from the sale or service of alcoholic beverages for
42	42	on-premises consumption, as determined by the Texas Alcoholic
43	43	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
44	44	(2) on the premises where a high school, collegiate,
45	45	or professional sporting event or interscholastic event is taking
46	46	place, unless the person [license holder] is a participant in the
47	47	event and a handgun is used in the event;
48	48	(3) on the premises of a correctional facility;
49	49	(4) on the premises of a hospital licensed under
50	50	Chapter 241, Health and Safety Code, or on the premises of a nursing
51	51	home licensed under Chapter 242, Health and Safety Code, unless the
52	52	person [license holder] has written authorization of the hospital
53	53	or nursing home administration, as appropriate;
54	54	(5) in an amusement park; [or]
55	55	(6) on the premises of a church, synagogue, or other
56	56	established place of religious worship;
57	57	(7) at any meeting of a governmental entity; or
58	58	(8) while intoxicated.
59	59	(e) A person [license holder] who is licensed as a security
60	60	officer under Chapter 1702, Occupations Code, and employed as a
61	61	security officer commits an offense if, while in the course and
62	62	scope of the security officer's employment, the security officer
63	63	violates a provision of Subchapter H, Chapter 411, Government Code.
64	64	(f) In this section:
65	65	(1) "Amusement park" means a permanent indoor or
66	66	outdoor facility or park where amusement rides are available for
67	67	use by the public that is located in a county with a population of
68	68	more than one million, encompasses at least 75 acres in surface
69	69	area, is enclosed with access only through controlled entries, is
70	70	open for operation more than 120 days in each calendar year, and has
71	71	security guards on the premises at all times. The term does not
72	72	include any public or private driveway, street, sidewalk or
73	73	walkway, parking lot, parking garage, or other parking area.
74	74	(2) "Intoxicated" has the meaning assigned by Section
75	75	49.01 ["License holder" means a person licensed to carry a handgun
76	76	under Subchapter H, Chapter 411, Government Code].
77	77	(3) "Premises" means a building or a portion of a
78	78	building. The term does not include any public or private driveway,
79	79	street, sidewalk or walkway, parking lot, parking garage, or other
80	80	parking area.
81	81	(g) An offense under [Subsection (a), (b), (c), (d), or (e)
82	82	is a Class A misdemeanor, unless the offense is committed under]
83	83	Subsection (b)(1) or (b)(3)[, in which event the offense] is a
84	84	felony of the third degree. An offense under Subsection (b)(2) or
85	85	(b)(7) is a Class A misdemeanor. An offense under Subsection
86	86	(b)(4), (b)(5), or (b)(6) is a Class C misdemeanor.
87	87	SECTION 5. Section 46.035(h-1), Penal Code, as added by
88	88	Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
89	89	Session, 2007, is amended to read as follows:
90	90	(h-1) It is a defense to prosecution under Subsections
91	91	(b)(1)-(7) [(b) and (c)] that the actor, at the time of the
92	92	commission of the offense, was:
93	93	(1) an active judicial officer, as defined by Section
94	94	411.201, Government Code; or
95	95	(2) a bailiff designated by the active judicial
96	96	officer and engaged in escorting the officer.
97	97	SECTION 6. Section 46.035(h-1), Penal Code, as added by
98	98	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
99	99	Session, 2007, is amended to read as follows:
100	100	(h-1) It is a defense to prosecution under Subsections
101	101	(b)(1), (2), and (4)-(7) [(4)-(6), and (c)] that at the time of the
102	102	commission of the offense, the actor was:
103	103	(1) a judge or justice of a federal court;
104	104	(2) an active judicial officer, as defined by Section
105	105	411.201, Government Code; or
106	106	(3) a district attorney, assistant district attorney,
107	107	criminal district attorney, assistant criminal district attorney,
108	108	county attorney, or assistant county attorney.
109	109	SECTION 7. Sections 46.035(i) and (j), Penal Code, are
110	110	amended to read as follows:
111	111	(i) Subsections (b)(4)-(7) [(b)(4), (b)(5), (b)(6), and
112	112	(c)] do not apply if the actor was not given effective notice under
113	113	Section 30.06.
114	114	(j) Subsection [Subsections (a) and] (b)(1) does [do] not
115	115	apply to a historical reenactment performed in compliance with the
116	116	rules of the Texas Alcoholic Beverage Commission.
117	117	SECTION 8. Section 46.15, Penal Code, is amended by adding
118	118	Subsection (k) to read as follows:
119	119	(k) Notwithstanding any other law to the contrary, no person
120	120	shall be required to obtain any license to carry a handgun as a
121	121	condition for carrying a handgun openly or in a concealed manner
122	122	except a person who is prohibited from possessing a handgun under 18
123	123	U.S.C. Section 922.
124	124	SECTION 9. Section 411.207(a), Government Code, is amended
125	125	to read as follows:
126	126	(a) A peace officer who is acting in the lawful discharge of
127	127	the officer's official duties may disarm a person in possession of a
128	128	handgun [license holder] at any time the officer has probable cause
129	129	to believe that the person poses an imminent threat to himself or
130	130	herself, the [reasonably believes it is necessary for the
131	131	protection of the license holder,] officer, or another individual.
132	132	The peace officer shall return the handgun to the person [license
133	133	holder] before discharging the person [license holder] from the
134	134	scene if the officer determines that the person [license holder] is
135	135	not a threat to himself or herself, the officer, [license holder,]
136	136	or another individual and if the person [license holder] has not
137	137	[violated any provision of this subchapter or] committed any other
138	138	violation that results in the arrest of the person [license
139	139	holder]. The mere possession or carrying of a handgun, openly or
140	140	concealed, with or without a license issued under this subchapter,
141	141	shall not constitute probable cause for a peace officer to disarm or
142	142	detain an otherwise law-abiding person.
143	143	SECTION 10. Section 30.05(f), Penal Code, is amended to
144	144	read as follows:
145	145	(f) It is a defense to prosecution under this section that[:
146	146	[(1)] the basis on which entry on the property or land
147	147	or in the building was forbidden is that entry with a handgun was
148	148	forbidden[; and
149	149	[(2) the person was carrying a concealed handgun and a
150	150	license issued under Subchapter H, Chapter 411, Government Code, to
151	151	carry a concealed handgun].
152	152	SECTION 11. Section 30.06, Penal Code, is amended to read as
153	153	follows:
154	154	Sec. 30.06. TRESPASS BY PERSON IN POSSESSION OF [HOLDER OF
155	155	LICENSE TO CARRY CONCEALED] HANDGUN. (a) A person [license
156	156	holder] commits an offense if the person [license holder]:
157	157	(1) carries a handgun [under the authority of
158	158	Subchapter H, Chapter 411, Government Code,] on property of another
159	159	without effective consent; and
160	160	(2) received notice that:
161	161	(A) [entry on the property by a license holder
162	162	with a concealed handgun was forbidden; or]
163	163	[(B)] remaining on the property with a
164	164	[concealed] handgun was forbidden and failed to depart.
165	165	(b) For purposes of this section, a person receives notice
166	166	if the owner of the property or someone with apparent authority to
167	167	act for the owner provides notice to the person by oral and [or]
168	168	written communication, or by oral communication alone.
169	169	(c) In this section:
170	170	(1) "Entry" has the meaning assigned by Section
171	171	30.05(b).
172	172	(2) ["License holder" has the meaning assigned by
173	173	Section 46.035(f).
174	174	[(3)] "Written communication" means:
175	175	(A) a card or other document on which is written
176	176	language identical to the following: "Pursuant to Section 30.06,
177	177	Penal Code (trespass by person in possession of [holder of license
178	178	to carry a concealed] handgun), a person [licensed under Subchapter
179	179	H, Chapter 411, Government Code (concealed handgun law),] may not
180	180	enter this property while in possession of a [with a concealed]
181	181	handgun"; or
182	182	(B) a sign posted on the property that:
183	183	(i) includes the language described by
184	184	Paragraph (A) in both English and Spanish;
185	185	(ii) appears in contrasting colors with
186	186	block letters at least one inch in height; and
187	187	(iii) is displayed in a conspicuous manner
188	188	clearly visible to the public.
189	189	(d) An offense under this section is a Class C [A]
190	190	misdemeanor.
191	191	(e) It is an exception to the application of this section
192	192	that the property on which the person [license holder] carries a
193	193	handgun is owned or leased by a governmental entity and is not a
194	194	premises or other place on which the person [license holder] is
195	195	prohibited from carrying the handgun under Section 46.03 or 46.035.
196	196	SECTION 12. The following provisions are repealed:
197	197	(1) Section 411.205, Government Code;
198	198	(2) Section 46.02(a), Penal Code;
199	199	(3) Section 46.03(f), Penal Code; and
200	200	(4) Sections 46.035(a), (c), (d), and (h), Penal Code.
201	201	SECTION 13. This Act takes effect immediately if it
202	202	receives a vote of two-thirds of all the members elected to each
203	203	house, as provided by Section 39, Article III, Texas Constitution.
204	204	If this Act does not receive the vote necessary for immediate
205	205	effect, this Act takes effect on the 91st day after the last day of
206	206	the legislative session.