85R8501 JSC-F
By: White H.B. No. 1911
A BILL TO BE ENTITLED
AN ACT
relating to granting authority to carry a firearm to an unlicensed
person who otherwise meets certain requirements for a handgun
license and to related criminal offenses; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 506, Business & Commerce Code, as added
by Chapter 794 (H.B. 2739), Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
CHAPTER 506. LICENSE TO CARRY [CONCEALED] HANDGUN [LICENSES] AS
VALID FORM [FORMS] OF PERSONAL IDENTIFICATION
Sec. 506.001. [CONCEALED HANDGUN] LICENSE TO CARRY HANDGUN
AS VALID PROOF OF IDENTIFICATION. (a) A person may not deny the
holder of a [concealed] handgun license issued under Subchapter H,
Chapter 411, Government Code, access to goods, services, or
facilities, except as provided by Section 521.460, Transportation
Code, or in regard to the operation of a motor vehicle, because the
holder has or presents a [concealed] handgun license rather than a
driver's license or other acceptable form of personal
identification.
(b) This section does not affect:
(1) the requirement under Section 411.205, Government
Code, that a person subject to that section present a driver's
license or identification certificate or other proof of identity on
the request of a magistrate or peace officer [in addition to a
concealed handgun license]; or
(2) the types of identification required under federal
law to access airport premises or pass through airport security.
SECTION 2. Section 51.220(g), Education Code, is amended to
read as follows:
(g) A public junior college employee's status as a school
marshal becomes inactive on:
(1) expiration of the employee's school marshal
license under Section 1701.260, Occupations Code;
(2) suspension or revocation of the employee's license
to carry a [concealed] handgun issued under Subchapter H, Chapter
411, Government Code;
(3) termination of the employee's employment with the
public junior college; or
(4) notice from the governing board of the public
junior college that the employee's services as school marshal are
no longer required.
SECTION 3. Section 231.302(c-1), Family Code, is amended to
read as follows:
(c-1) For purposes of issuing a license to carry a
[concealed] handgun under Subchapter H, Chapter 411, Government
Code, the Department of Public Safety is not required to request,
and an applicant is not required to provide, the applicant's social
security number.
SECTION 4. The heading to Subchapter H, Chapter 411,
Government Code, is amended to read as follows:
SUBCHAPTER H. LICENSE TO CARRY [A] HANDGUN AND OTHER PROVISIONS
RELATING TO CARRYING OF FIREARMS
SECTION 5. Sections 411.1741(a) and (b), Government Code,
are amended to read as follows:
(a) When a person applies for an original or renewal license
to carry a [concealed] handgun under this subchapter, the person
may make a voluntary contribution in any amount to the fund for
veterans' assistance established by Section 434.017.
(b) The department shall:
(1) include space on the first page of each
application for an original or renewal license to carry a
[concealed] handgun that allows a person applying for an original
or renewal license to carry a [concealed] handgun to indicate the
amount that the person is voluntarily contributing to the fund; and
(2) provide an opportunity for the person to
contribute to the fund during the application process for an
original or renewal license to carry a [concealed] handgun on the
department's Internet website.
SECTION 6. Section 411.190(c), Government Code, is amended
to read as follows:
(c) In the manner applicable to a person who applies for a
license to carry a handgun, the department shall conduct a
background check of a person who applies for certification as a
qualified handgun instructor. If the background check indicates
that the applicant for certification would not qualify to receive a
handgun license, the department may not certify the applicant as a
qualified handgun instructor. If the background check indicates
that the applicant for certification would qualify to receive a
handgun license, the department shall provide handgun instructor
training to the applicant. The applicant shall pay a fee of $100 to
the department for the training. The applicant must take and
successfully complete the training offered by the department and
pay the training fee before the department may certify the
applicant as a qualified handgun instructor. The department shall
issue a license to carry a handgun under [the authority of] this
subchapter to any person who is certified as a qualified handgun
instructor and who pays to the department a fee of $100 in addition
to the training fee. The department by rule may prorate or waive
the training fee for an employee of another governmental entity.
SECTION 7. Sections 411.201(c), (e), and (h), Government
Code, are amended to read as follows:
(c) An active judicial officer is eligible for a license to
carry a handgun under [the authority of] this subchapter. A retired
judicial officer is eligible for a license to carry a handgun under
[the authority of] this subchapter if the officer:
(1) has not been convicted of a felony;
(2) has not, in the five years preceding the date of
application, been convicted of a Class A or Class B misdemeanor or
equivalent offense;
(3) is not charged with the commission of a Class A or
Class B misdemeanor or equivalent offense or of a felony under an
information or indictment;
(4) is not a chemically dependent person; and
(5) is not a person of unsound mind.
(e) On receipt of all the application materials required by
this section, the department shall:
(1) if the applicant is an active judicial officer,
issue a license to carry a handgun under [the authority of] this
subchapter; or
(2) if the applicant is a retired judicial officer,
conduct an appropriate background investigation to determine the
applicant's eligibility for the license and, if the applicant is
eligible, issue a license to carry a handgun under [the authority
of] this subchapter.
(h) The department shall issue a license to carry a handgun
under [the authority of] this subchapter to an elected attorney
representing the state in the prosecution of felony cases who meets
the requirements of this section for an active judicial officer.
The department shall waive any fee required for the issuance of an
original, duplicate, or renewed license under this subchapter for
an applicant who is an attorney elected or employed to represent the
state in the prosecution of felony cases.
SECTION 8. Section 411.203, Government Code, is amended to
read as follows:
Sec. 411.203. RIGHTS OF EMPLOYERS. (a) This subchapter
does not prevent or otherwise limit the right of a public or private
employer to prohibit persons who are licensed under this subchapter
or otherwise legally authorized to carry a handgun or other firearm
from carrying a handgun or other firearm on the premises of the
business.
(b) In this section, "premises" has the meaning assigned by
Section 46.035(f) [46.035(f)(3)], Penal Code.
SECTION 9. Section 411.204(c), Government Code, is amended
to read as follows:
(c) The sign required under Subsections (a) and (b) must
give notice in both English and Spanish that it is unlawful for a
person, including a person licensed under this subchapter or a
person otherwise legally authorized to carry a handgun, to carry a
handgun on the premises. The sign must appear in contrasting colors
with block letters at least one inch in height and must include on
its face the number "51" printed in solid red at least five inches
in height. The sign shall be displayed in a conspicuous manner
clearly visible to the public.
SECTION 10. Section 411.205, Government Code, is amended to
read as follows:
Sec. 411.205. REQUIREMENT TO DISPLAY IDENTIFICATION AND
HANDGUN LICENSE. If a person [license holder] is carrying a handgun
[on or about the license holder's person] when a magistrate or a
peace officer demands that the person [license holder] display
identification, the person [license holder] shall display [both]
the person's [license holder's] driver's license or identification
certificate issued by the department or other proof of identity. If
the person is a license holder under this subchapter and is carrying
the person's handgun license, the person also shall display [and]
the person's [license holder's] handgun license.
SECTION 11. The heading to Section 411.206, Government
Code, is amended to read as follows:
Sec. 411.206. SEIZURE OF HANDGUN AND HANDGUN LICENSE.
SECTION 12. Sections 411.206(a) and (c), Government Code,
are amended to read as follows:
(a) If a peace officer arrests and takes into custody a
person [license holder] who is carrying a handgun [under the
authority of this subchapter], the officer shall seize the person's
[license holder's] handgun and, if the person is a license holder
under this subchapter and is carrying the person's handgun license,
the person's handgun license as evidence.
(c) Any judgment of conviction entered by any court for an
offense under Section 46.035, Penal Code, must contain the handgun
license number of the convicted person, if the person is a handgun
license holder. A certified copy of the judgment is conclusive and
sufficient evidence to justify revocation of a license under
Section 411.186(a)(4).
SECTION 13. Sections 411.207(a), (b), and (c), Government
Code, are amended to read as follows:
(a) A peace officer who is acting in the lawful discharge of
the officer's official duties may disarm a person, including a
license holder, who is carrying a handgun at any time the officer
reasonably believes it is necessary for the protection of the
person [license holder], officer, or another individual. The peace
officer shall return the handgun to the person [license holder]
before discharging the person [license holder] from the scene if
the officer determines that the person:
(1) [license holder] is not a threat to the officer,
person [license holder], or another individual;
(2) [and if the license holder] has not violated any
provision of this subchapter or committed any other violation that
results in the arrest of the person; and
(3) is a license holder or otherwise legally
authorized to carry a handgun.
(b) A peace officer who is acting in the lawful discharge of
the officer's official duties may [temporarily] disarm only
temporarily a person who is a license holder or otherwise legally
authorized to carry a handgun when the person [a license holder]
enters a nonpublic, secure portion of a law enforcement facility.
The[, if the] law enforcement agency shall provide [provides] a gun
locker where the peace officer can secure the person's [license
holder's] handgun. The peace officer shall secure the handgun in
the locker and shall return the handgun to the person [license
holder] immediately after the person [license holder] leaves the
nonpublic, secure portion of the law enforcement facility.
(c) A law enforcement facility shall prominently display at
each entrance to a nonpublic, secure portion of the facility a sign
that gives notice in both English and Spanish that, under this
section, a peace officer may temporarily disarm a person who is a
license holder or otherwise legally authorized to carry a handgun
when the person [license holder] enters the nonpublic, secure
portion of the facility. The sign must appear in contrasting colors
with block letters at least one inch in height. The sign shall be
displayed in a clearly visible and conspicuous manner.
SECTION 14. The heading to Section 411.209, Government
Code, is amended to read as follows:
Sec. 411.209. WRONGFUL EXCLUSION OF PERSON LEGALLY
AUTHORIZED TO CARRY [CONCEALED] HANDGUN [LICENSE HOLDER].
SECTION 15. Sections 411.209(a) and (d), Government Code,
are amended to read as follows:
(a) A state agency or a political subdivision of the state
may not provide notice by a communication described by Section
30.06 or 30.07, Penal Code, or by any sign expressly referring to
either of those provisions [that law or to a concealed handgun
license], that a person who is [license holder] carrying a handgun
[under the authority of this subchapter] is prohibited from
entering or remaining on a premises or other place owned or leased
by the governmental entity unless a person is [license holders are]
prohibited from carrying a handgun on the premises or other place by
Section 46.03 or 46.035, Penal Code, or other law.
(d) A resident [citizen] of this state or a person licensed
to carry a [concealed] handgun under this subchapter may file a
complaint with the attorney general that a state agency or
political subdivision is in violation of Subsection (a) if the
resident [citizen] or license holder [person] provides the agency
or subdivision a written notice that describes the violation and
specific location of the sign found to be in violation and the
agency or subdivision does not cure the violation before the end of
the third business day after the date of receiving the written
notice. A complaint filed under this subsection must include
evidence of the violation and a copy of the written notice.
SECTION 16. Section 12.092(b), Health and Safety Code, is
amended to read as follows:
(b) The medical advisory board shall assist the Department
of Public Safety of the State of Texas in determining whether:
(1) an applicant for a driver's license or a license
holder is capable of safely operating a motor vehicle; or
(2) an applicant for or holder of a license to carry a
handgun under [the authority of] Subchapter H, Chapter 411,
Government Code, or an applicant for or holder of a commission as a
security officer under Chapter 1702, Occupations Code, is capable
of exercising sound judgment with respect to the proper use and
storage of a handgun.
SECTION 17. Section 42.042(e-2), Human Resources Code, is
amended to read as follows:
(e-2) The department may not prohibit the foster parent of a
child who resides in the foster family's home from transporting the
child in a vehicle where a handgun is present if the handgun is in
the possession and control of the foster parent and the foster
parent is licensed to carry the handgun under Subchapter H, Chapter
411, Government Code, or is otherwise legally authorized to carry a
handgun.
SECTION 18. Section 52.062(a), Labor Code, is amended to
read as follows:
(a) Section 52.061 does not:
(1) authorize a person who holds a license to carry a
handgun under Subchapter H, Chapter 411, Government Code, who
otherwise lawfully possesses a firearm, or who lawfully possesses
ammunition to possess a firearm or ammunition on any property where
the possession of a firearm or ammunition is prohibited by state or
federal law; or
(2) apply to:
(A) a vehicle owned or leased by a public or
private employer and used by an employee in the course and scope of
the employee's employment, unless the employee is required to
transport or store a firearm in the official discharge of the
employee's duties;
(B) a school district;
(C) an open-enrollment charter school, as
defined by Section 5.001, Education Code;
(D) a private school, as defined by Section
22.081, Education Code;
(E) property owned or controlled by a person,
other than the employer, that is subject to a valid, unexpired oil,
gas, or other mineral lease that contains a provision prohibiting
the possession of firearms on the property; or
(F) property owned or leased by a chemical
manufacturer or oil and gas refiner with an air authorization under
Chapter 382, Health and Safety Code, and on which the primary
business conducted is the manufacture, use, storage, or
transportation of hazardous, combustible, or explosive materials,
except in regard to an employee who holds a license to carry a
handgun under Subchapter H, Chapter 411, Government Code, who
otherwise lawfully possesses a firearm, or who lawfully possesses
ammunition and who stores the [a] firearm or ammunition [the
employee is authorized by law to possess] in a locked, privately
owned motor vehicle in a parking lot, parking garage, or other
parking area the employer provides for employees that is outside of
a secured and restricted area:
(i) that contains the physical plant;
(ii) that is not open to the public; and
(iii) the ingress into which is constantly
monitored by security personnel.
SECTION 19. Section 191.010(a), Local Government Code, is
amended to read as follows:
(a) In this section, "photo identification" means one of the
following forms of photo identification:
(1) a driver's license, election identification
certificate, or personal identification card issued to the person
by any state or territory of the United States that has not expired
or that expired no earlier than 60 days before the date of
presentation;
(2) a United States military identification card that
contains the person's photograph that has not expired or that
expired no earlier than 60 days before the date of presentation;
(3) a United States citizenship certificate issued to
the person that contains the person's photograph;
(4) a United States Permanent Resident Card that has
not expired or that expired no earlier than 60 days before the date
of presentation;
(5) an identification card issued by a municipality
intended to serve as a general identification card for the holder
that has not expired or that expired no earlier than 60 days before
the date of presentation;
(6) a federally recognized tribal enrollment card or
other form of tribal identification that has not expired or that
expired no earlier than 60 days before the date of presentation;
(7) a United States passport or a passport issued by a
foreign government recognized by the United States issued to the
person that has not expired or that expired no earlier than 60 days
before the date of presentation; or
(8) a license to carry a [concealed] handgun issued to
the person by the Department of Public Safety that has not expired
or that expired no earlier than 60 days before the date of
presentation.
SECTION 20. Section 229.001(b), Local Government Code, is
amended to read as follows:
(b) Subsection (a) does not affect the authority a
municipality has under another law to:
(1) require residents or public employees to be armed
for personal or national defense, law enforcement, or another
lawful purpose;
(2) regulate the discharge of firearms or air guns
within the limits of the municipality, other than at a sport
shooting range;
(3) regulate the use of property, the location of a
business, or uses at a business under the municipality's fire code,
zoning ordinance, or land-use regulations as long as the code,
ordinance, or regulations are not used to circumvent the intent of
Subsection (a) or Subdivision (5) of this subsection;
(4) regulate the use of firearms, air guns, or knives
in the case of an insurrection, riot, or natural disaster if the
municipality finds the regulations necessary to protect public
health and safety;
(5) regulate the storage or transportation of
explosives to protect public health and safety, except that 25
pounds or less of black powder for each private residence and 50
pounds or less of black powder for each retail dealer are not
subject to regulation;
(6) regulate the carrying of a firearm or air gun, [by
a person] other than a [person licensed to carry a] handgun carried
by a person licensed under Subchapter H, Chapter 411, Government
Code, or by a person otherwise legally authorized to carry the
handgun, at a:
(A) public park;
(B) public meeting of a municipality, county, or
other governmental body;
(C) political rally, parade, or official
political meeting; or
(D) nonfirearms-related school, college, or
professional athletic event;
(7) regulate the hours of operation of a sport
shooting range, except that the hours of operation may not be more
limited than the least limited hours of operation of any other
business in the municipality other than a business permitted or
licensed to sell or serve alcoholic beverages for on-premises
consumption; or
(8) regulate the carrying of an air gun by a minor on:
(A) public property; or
(B) private property without consent of the
property owner.
SECTION 21. Sections 62.082(d) and (e), Parks and Wildlife
Code, are amended to read as follows:
(d) Section 62.081 does not apply to:
(1) an employee of the Lower Colorado River Authority;
(2) a person authorized to hunt under Subsection (c);
(3) a peace officer as defined by Article 2.12, Code of
Criminal Procedure; or
(4) a person who:
(A) is carrying [possesses] a handgun the person
is legally authorized to carry [and a license issued under
Subchapter H, Chapter 411, Government Code, to carry a handgun]; or
(B) under circumstances in which the person would
be justified in the use of deadly force under Chapter 9, Penal Code,
shoots a handgun the person is legally authorized [licensed] to
carry [under Subchapter H, Chapter 411, Government Code].
(e) A state agency, including the department, the
Department of Public Safety, and the Lower Colorado River
Authority, may not adopt a rule that prohibits a person [who
possesses a license issued under Subchapter H, Chapter 411,
Government Code,] from entering or crossing the land of the Lower
Colorado River Authority while:
(1) carrying [possessing] a handgun that the person is
legally authorized to carry; or
(2) under circumstances in which the person would be
justified in the use of deadly force under Chapter 9, Penal Code,
shooting a handgun.
SECTION 22. Section 284.001(e), Parks and Wildlife Code, is
amended to read as follows:
(e) This section does not limit a person's [the] ability to
carry a handgun if the person is legally authorized [of a license
holder] to carry a handgun [under the authority of Subchapter H,
Chapter 411, Government Code].
SECTION 23. Section 30.05(f), Penal Code, is amended to
read as follows:
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a firearm [handgun]
was forbidden; and
(2) the person was carrying only[:
[(A) a license issued under Subchapter H, Chapter
411, Government Code, to carry a handgun; and
[(B)] a handgun that at the time of the offense
the person was legally authorized to carry:
(A) [(i)] in a concealed manner; or
(B) [(ii)] in a shoulder or belt holster.
SECTION 24. The heading to Section 30.06, Penal Code, is
amended to read as follows:
Sec. 30.06. TRESPASS BY PERSON [LICENSE HOLDER] WITH [A]
CONCEALED HANDGUN.
SECTION 25. Sections 30.06(a), (c), (d), and (e), Penal
Code, are amended to read as follows:
(a) A person [license holder] commits an offense if the
person [license holder]:
(1) carries a concealed handgun [under the authority
of Subchapter H, Chapter 411, Government Code,] on property of
another without effective consent; and
(2) received notice that entry on the property by a
person [license holder] with a concealed handgun was forbidden.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) ["License holder" has the meaning assigned by
Section 46.035(f).
[(3)] "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.06,
Penal Code (trespass by person [license holder] with [a] concealed
handgun), a person [licensed under Subchapter H, Chapter 411,
Government Code (handgun licensing law),] may not enter this
property with a concealed handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public at each entrance to the property.
(d) An offense under this section is a Class C misdemeanor
punishable by a fine not to exceed $200, except that the offense is
a Class A misdemeanor if it is shown on the trial of the offense
that, after entering the property, the person [license holder] was
personally given the notice by oral communication described by
Subsection (b) and subsequently failed to depart.
(e) It is an exception to the application of this section
that the property on which the person [license holder] carries a
handgun is owned or leased by a governmental entity and is not a
premises or other place on which the person [license holder] is
prohibited from carrying the handgun under Section 46.03 or 46.035
or other law.
SECTION 26. The heading to Section 30.07, Penal Code, is
amended to read as follows:
Sec. 30.07. TRESPASS BY PERSON [LICENSE HOLDER] WITH [AN]
OPENLY CARRIED HANDGUN.
SECTION 27. Sections 30.07(a), (c), (d), and (e), Penal
Code, are amended to read as follows:
(a) A person [license holder] commits an offense if the
person [license holder]:
(1) openly carries a handgun [under the authority of
Subchapter H, Chapter 411, Government Code,] on property of another
without effective consent; and
(2) received notice that entry on the property by a
person [license holder] openly carrying a handgun was forbidden.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) ["License holder" has the meaning assigned by
Section 46.035(f).
[(3)] "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.07,
Penal Code (trespass by person [license holder] with [an] openly
carried handgun), a person [licensed under Subchapter H, Chapter
411, Government Code (handgun licensing law),] may not enter this
property with a handgun that is carried openly"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public at each entrance to the property.
(d) An offense under this section is a Class C misdemeanor
punishable by a fine not to exceed $200, except that the offense is
a Class A misdemeanor if it is shown on the trial of the offense
that, after entering the property, the person [license holder] was
personally given the notice by oral communication described by
Subsection (b) and subsequently failed to depart.
(e) It is an exception to the application of this section
that the property on which the person [license holder] openly
carries a [the] handgun is owned or leased by a governmental entity
and is not a premises or other place on which the person [license
holder] is prohibited from carrying the handgun under Section 46.03
or 46.035 or other law.
SECTION 28. Section 46.02(a-1), Penal Code, is amended to
read as follows:
(a-1) A person commits an offense if the person
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun in a motor vehicle or watercraft that is owned
by the person or under the person's control at any time in which:
(1) the handgun is in plain view, unless the person is
legally authorized [licensed] to carry a handgun [under Subchapter
H, Chapter 411, Government Code], and the handgun is carried in a
shoulder or belt holster; or
(2) the person is:
(A) engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic or boating;
(B) prohibited by law from possessing a firearm;
or
(C) a member of a criminal street gang, as
defined by Section 71.01.
SECTION 29. Sections 46.03(e-1) and (e-2), Penal Code, are
amended to read as follows:
(e-1) It is a defense to prosecution under Subsection (a)(5)
that the actor:
(1) possessed, at the screening checkpoint for the
secured area, a [concealed] handgun that the actor was legally
authorized [licensed] to carry [under Subchapter H, Chapter 411,
Government Code]; and
(2) exited the screening checkpoint for the secured
area immediately on [upon] completion of the required screening
processes and notification that the actor possessed the handgun.
(e-2) A peace officer investigating conduct that may
constitute an offense under Subsection (a)(5) and that consists
only of an actor's possession of a [concealed] handgun that the
actor is legally authorized [licensed] to carry [under Subchapter
H, Chapter 411, Government Code,] may not arrest the actor for the
offense unless:
(1) the officer advises the actor of the defense
available under Subsection (e-1) and gives the actor an opportunity
to exit the screening checkpoint for the secured area; and
(2) the actor does not immediately exit the checkpoint
on [upon] completion of the required screening processes.
SECTION 30. Section 46.03(f), Penal Code, as amended by
Chapters 437 (H.B. 910) and 1001 (H.B. 554), Acts of the 84th
Legislature, Regular Session, 2015, is reenacted and amended to
read as follows:
(f) Except as provided by Subsection (a)(1)(B) or (e-1), it
is not a defense to prosecution under this section that the actor
possessed a handgun and was:
(1) licensed to carry a handgun under Subchapter H,
Chapter 411, Government Code; or
(2) otherwise legally authorized to carry a handgun.
SECTION 31. The heading to Section 46.035, Penal Code, is
amended to read as follows:
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER
OR OTHER PERSON LEGALLY AUTHORIZED TO CARRY HANDGUN.
SECTION 32. Section 46.035, Penal Code, is amended by
amending Subsections (a), (b), (c), and (d) and adding Subsection
(b-1) to read as follows:
(a) A person who is a license holder or otherwise legally
authorized to carry a handgun commits an offense if the person
[license holder] carries a handgun [on or about the license
holder's person under the authority of Subchapter H, Chapter 411,
Government Code,] and intentionally displays the handgun in plain
view of another person in a public place. It is an exception to the
application of this subsection that the handgun was partially or
wholly visible but was carried in a shoulder or belt holster [by the
license holder].
(b) A person who is a license holder or otherwise legally
authorized to carry a handgun commits an offense if the person
[license holder] intentionally, knowingly, or recklessly carries a
handgun [under the authority of Subchapter H, Chapter 411,
Government Code], regardless of whether the handgun is concealed or
carried in a shoulder or belt holster[, on or about the license
holder's person]:
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the person [license holder] is a participant in the
event and a handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
facility licensed under Chapter 242, Health and Safety Code, unless
the person [license holder] has written authorization of the
hospital or nursing facility administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other
established place of religious worship.
(b-1) A person commits an offense if the person
intentionally, knowingly, or recklessly carries a handgun,
regardless of whether the handgun is concealed or carried in a
shoulder or belt holster, on the premises of a business that has a
permit or license issued under Subtitle A or B, Title 3, Alcoholic
Beverage Code, other than a business described by Subsection
(b)(1), unless the person is a license holder under Subchapter H,
Chapter 411, Government Code.
(c) A person who is a license holder or otherwise legally
authorized to carry a handgun commits an offense if the person
[license holder] intentionally, knowingly, or recklessly carries a
handgun [under the authority of Subchapter H, Chapter 411,
Government Code], regardless of whether the handgun is concealed or
carried in a shoulder or belt holster, in the room or rooms where a
meeting of a governmental entity is held and if the meeting is an
open meeting subject to Chapter 551, Government Code, and the
entity provided notice as required by that chapter.
(d) A person who is a license holder or otherwise legally
authorized to carry a handgun commits an offense if the person[,
while intoxicated, the license holder] carries a handgun while the
person is intoxicated [under the authority of Subchapter H, Chapter
411, Government Code], regardless of whether the handgun is
concealed or carried in a shoulder or belt holster.
SECTION 33. Section 46.15(b), Penal Code, is amended to
read as follows:
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 437.001, Government Code, or as a guard employed by a penal
institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor's
residence, motor vehicle, or watercraft, if the weapon is a type
commonly used in the activity;
(4) holds a security officer commission issued by the
Texas Private Security Board, if the person is engaged in the
performance of the person's duties as an officer commissioned under
Chapter 1702, Occupations Code, or is traveling to or from the
person's place of assignment and is wearing the officer's uniform
and carrying the officer's weapon in plain view;
(5) acts as a personal protection officer and carries
the person's security officer commission and personal protection
officer authorization, if the person:
(A) is engaged in the performance of the person's
duties as a personal protection officer under Chapter 1702,
Occupations Code, or is traveling to or from the person's place of
assignment; and
(B) is either:
(i) wearing the uniform of a security
officer, including any uniform or apparel described by Section
1702.323(d), Occupations Code, and carrying the officer's weapon in
plain view; or
(ii) not wearing the uniform of a security
officer and carrying the officer's weapon in a concealed manner;
(6) is [carrying]:
(A) a license holder [issued] under Subchapter H,
Chapter 411, Government Code, or a person who meets the
requirements under Sections 411.172(a)(1)-(13), Government Code
[to carry a handgun]; and
(B) carrying a handgun:
(i) in a concealed manner; or
(ii) in a shoulder or belt holster;
(7) holds an alcoholic beverage permit or license or
is an employee of a holder of an alcoholic beverage permit or
license if the person is supervising the operation of the permitted
or licensed premises; or
(8) is a student in a law enforcement class engaging in
an activity required as part of the class, if the weapon is a type
commonly used in the activity and the person is:
(A) on the immediate premises where the activity
is conducted; or
(B) en route between those premises and the
person's residence and is carrying the weapon unloaded.
SECTION 34. The changes in law made by this Act relating to
the authority of a person to carry a handgun apply to the carrying
of a handgun on or after the effective date of this Act by any person
who may legally carry a handgun under this Act.
SECTION 35. The changes in law made by this Act apply 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 when 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 36. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 37. This Act takes effect September 1, 2017.