Texas 2017 - 85th Regular

Texas House Bill HB1911 Compare Versions

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11 85R24134 JSC-F
22 By: White, Burns, Phelan, Lang, Metcalf, H.B. No. 1911
33 et al.
44 Substitute the following for H.B. No. 1911:
55 By: Schaefer C.S.H.B. No. 1911
66
77
88 A BILL TO BE ENTITLED
99 AN ACT
1010 relating to granting authority to carry a firearm to certain
1111 unlicensed persons and to related regulatory provisions and
1212 criminal offenses.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. The heading to Subchapter H, Chapter 411,
1515 Government Code, is amended to read as follows:
1616 SUBCHAPTER H. LICENSE TO CARRY [A] HANDGUN AND OTHER PROVISIONS
1717 RELATING TO CARRYING OF FIREARMS
1818 SECTION 2. Sections 411.1741(a) and (b), Government Code,
1919 are amended to read as follows:
2020 (a) When a person applies for an original or renewal license
2121 to carry a [concealed] handgun under this subchapter, the person
2222 may make a voluntary contribution in any amount to the fund for
2323 veterans' assistance established by Section 434.017.
2424 (b) The department shall:
2525 (1) include space on the first page of each
2626 application for an original or renewal license to carry a
2727 [concealed] handgun that allows a person applying for an original
2828 or renewal license to carry a [concealed] handgun to indicate the
2929 amount that the person is voluntarily contributing to the fund; and
3030 (2) provide an opportunity for the person to
3131 contribute to the fund during the application process for an
3232 original or renewal license to carry a [concealed] handgun on the
3333 department's Internet website.
3434 SECTION 3. Section 411.204(c), Government Code, is amended
3535 to read as follows:
3636 (c) The sign required under Subsections (a) and (b) must
3737 give notice in both English and Spanish that it is unlawful for a
3838 person, including a person licensed under this subchapter or a
3939 person otherwise legally authorized to carry a handgun, to carry a
4040 handgun on the premises. The sign must appear in contrasting colors
4141 with block letters at least one inch in height and must include on
4242 its face the number "51" printed in solid red at least five inches
4343 in height. The sign shall be displayed in a conspicuous manner
4444 clearly visible to the public.
4545 SECTION 4. Section 411.205, Government Code, is amended to
4646 read as follows:
4747 Sec. 411.205. REQUIREMENT TO DISPLAY IDENTIFICATION AND
4848 HANDGUN LICENSE. If a person [license holder] is carrying a handgun
4949 [on or about the license holder's person] when a magistrate or a
5050 peace officer demands that the person [license holder] display
5151 identification, the person [license holder] shall display [both]
5252 the person's [license holder's] driver's license or identification
5353 certificate issued by the department or other proof of identity. If
5454 the person is a license holder under this subchapter and is carrying
5555 the person's handgun license, the person also shall display [and]
5656 the person's [license holder's] handgun license.
5757 SECTION 5. Sections 411.207(b) and (c), Government Code,
5858 are amended to read as follows:
5959 (b) A peace officer who is acting in the lawful discharge of
6060 the officer's official duties may temporarily disarm a person who
6161 is a license holder or otherwise legally authorized to carry a
6262 handgun when the person [a license holder] enters a nonpublic,
6363 secure portion of a law enforcement facility, if the law
6464 enforcement agency provides a gun locker where the peace officer
6565 can secure the person's [license holder's] handgun. The peace
6666 officer shall secure the handgun in the locker and shall return the
6767 handgun to the person [license holder] immediately after the person
6868 [license holder] leaves the nonpublic, secure portion of the law
6969 enforcement facility.
7070 (c) A law enforcement facility shall prominently display at
7171 each entrance to a nonpublic, secure portion of the facility a sign
7272 that gives notice in both English and Spanish that, under this
7373 section, a peace officer may temporarily disarm a person who is a
7474 license holder or otherwise legally authorized to carry a handgun
7575 when the person [license holder] enters the nonpublic, secure
7676 portion of the facility. The sign must appear in contrasting colors
7777 with block letters at least one inch in height. The sign shall be
7878 displayed in a clearly visible and conspicuous manner.
7979 SECTION 6. Section 42.042(e-2), Human Resources Code, is
8080 amended to read as follows:
8181 (e-2) The department may not prohibit the foster parent of a
8282 child who resides in the foster family's home from transporting the
8383 child in a vehicle where a handgun is present if the handgun is in
8484 the possession and control of the foster parent and the foster
8585 parent is licensed to carry the handgun under Subchapter H, Chapter
8686 411, Government Code, or is otherwise legally authorized to carry a
8787 handgun.
8888 SECTION 7. Section 229.001(b), Local Government Code, is
8989 amended to read as follows:
9090 (b) Subsection (a) does not affect the authority a
9191 municipality has under another law to:
9292 (1) require residents or public employees to be armed
9393 for personal or national defense, law enforcement, or another
9494 lawful purpose;
9595 (2) regulate the discharge of firearms or air guns
9696 within the limits of the municipality, other than at a sport
9797 shooting range;
9898 (3) regulate the use of property, the location of a
9999 business, or uses at a business under the municipality's fire code,
100100 zoning ordinance, or land-use regulations as long as the code,
101101 ordinance, or regulations are not used to circumvent the intent of
102102 Subsection (a) or Subdivision (5) of this subsection;
103103 (4) regulate the use of firearms, air guns, or knives
104104 in the case of an insurrection, riot, or natural disaster if the
105105 municipality finds the regulations necessary to protect public
106106 health and safety;
107107 (5) regulate the storage or transportation of
108108 explosives to protect public health and safety, except that 25
109109 pounds or less of black powder for each private residence and 50
110110 pounds or less of black powder for each retail dealer are not
111111 subject to regulation;
112112 (6) regulate the carrying of a firearm or air gun by a
113113 person other than a person licensed to carry a handgun under
114114 Subchapter H, Chapter 411, Government Code, or a person otherwise
115115 legally authorized to carry the handgun, at a:
116116 (A) public park;
117117 (B) public meeting of a municipality, county, or
118118 other governmental body;
119119 (C) political rally, parade, or official
120120 political meeting; or
121121 (D) nonfirearms-related school, college, or
122122 professional athletic event;
123123 (7) regulate the hours of operation of a sport
124124 shooting range, except that the hours of operation may not be more
125125 limited than the least limited hours of operation of any other
126126 business in the municipality other than a business permitted or
127127 licensed to sell or serve alcoholic beverages for on-premises
128128 consumption; or
129129 (8) regulate the carrying of an air gun by a minor on:
130130 (A) public property; or
131131 (B) private property without consent of the
132132 property owner.
133133 SECTION 8. Sections 62.082(d) and (e), Parks and Wildlife
134134 Code, are amended to read as follows:
135135 (d) Section 62.081 does not apply to:
136136 (1) an employee of the Lower Colorado River Authority;
137137 (2) a person authorized to hunt under Subsection (c);
138138 (3) a peace officer as defined by Article 2.12, Code of
139139 Criminal Procedure; or
140140 (4) a person who:
141141 (A) is carrying [possesses] a handgun the person
142142 is legally authorized to carry [and a license issued under
143143 Subchapter H, Chapter 411, Government Code, to carry a handgun]; or
144144 (B) under circumstances in which the person would
145145 be justified in the use of deadly force under Chapter 9, Penal Code,
146146 shoots a handgun the person is legally authorized [licensed] to
147147 carry [under Subchapter H, Chapter 411, Government Code].
148148 (e) A state agency, including the department, the
149149 Department of Public Safety, and the Lower Colorado River
150150 Authority, may not adopt a rule that prohibits a person [who
151151 possesses a license issued under Subchapter H, Chapter 411,
152152 Government Code,] from entering or crossing the land of the Lower
153153 Colorado River Authority while:
154154 (1) carrying [possessing] a handgun that the person is
155155 legally authorized to carry; or
156156 (2) under circumstances in which the person would be
157157 justified in the use of deadly force under Chapter 9, Penal Code,
158158 shooting a handgun.
159159 SECTION 9. Section 284.001(e), Parks and Wildlife Code, is
160160 amended to read as follows:
161161 (e) This section does not limit a person's [the] ability to
162162 carry a handgun if the person is legally authorized [of a license
163163 holder] to carry a handgun [under the authority of Subchapter H,
164164 Chapter 411, Government Code].
165165 SECTION 10. Section 30.05, Penal Code, is amended by
166166 amending Subsections (d) and (f) and adding Subsections (d-1) and
167167 (d-2) to read as follows:
168168 (d) Subject to Subsections (d-1) and (d-2), an [An] offense
169169 under this section is:
170170 (1) a Class B misdemeanor, except as provided by
171171 Subdivisions (2) and (3);
172172 (2) a Class C misdemeanor, except as provided by
173173 Subdivision (3), if the offense is committed:
174174 (A) on agricultural land and within 100 feet of
175175 the boundary of the land; or
176176 (B) on residential land and within 100 feet of a
177177 protected freshwater area; and
178178 (3) a Class A misdemeanor if:
179179 (A) the offense is committed:
180180 (i) in a habitation or a shelter center;
181181 (ii) on a Superfund site; or
182182 (iii) on or in a critical infrastructure
183183 facility; or
184184 (B) the person carries a deadly weapon during the
185185 commission of the offense.
186186 (d-1) An offense under this section is a Class C misdemeanor
187187 punishable by a fine not to exceed $200 if:
188188 (1) the sole basis on which entry on the property or
189189 land or in the building was forbidden is that entry with a firearm
190190 was forbidden; and
191191 (2) the person was carrying in a concealed manner or in
192192 a holster a handgun that the person was legally authorized to carry
193193 at the time of the offense.
194194 (d-2) An offense under this section is a Class A misdemeanor
195195 if:
196196 (1) the sole basis on which entry on the property or
197197 land or in the building was forbidden is that entry with a firearm
198198 was forbidden;
199199 (2) the person was carrying in a concealed manner or in
200200 a holster a handgun that the person was legally authorized to carry
201201 at the time of the offense; and
202202 (3) it is shown on the trial of the offense that, after
203203 entering the property, land, or building, the actor was personally
204204 given notice by oral communication that entry with a firearm was
205205 forbidden and subsequently failed to depart.
206206 (f) It is a defense to prosecution under this section that:
207207 (1) the sole basis on which entry on the property or
208208 land or in the building was forbidden is that entry with a firearm
209209 [handgun] was forbidden; and
210210 (2) at the time of the offense the person was carrying:
211211 (A) a license issued under Subchapter H, Chapter
212212 411, Government Code, to carry a handgun; and
213213 (B) a handgun:
214214 (i) in a concealed manner; or
215215 (ii) in a [shoulder or belt] holster.
216216 SECTION 11. Section 30.07(f), Penal Code, is amended to
217217 read as follows:
218218 (f) It is not a defense to prosecution under this section
219219 that the handgun was carried in a [shoulder or belt] holster.
220220 SECTION 12. Section 46.02(a-1), Penal Code, is amended to
221221 read as follows:
222222 (a-1) A person commits an offense if the person
223223 intentionally, knowingly, or recklessly carries on or about his or
224224 her person a handgun in a motor vehicle or watercraft that is owned
225225 by the person or under the person's control at any time in which:
226226 (1) the handgun is in plain view, unless the person is
227227 legally authorized [licensed] to carry a handgun [under Subchapter
228228 H, Chapter 411, Government Code], and the handgun is carried in a
229229 [shoulder or belt] holster; or
230230 (2) the person is:
231231 (A) engaged in criminal activity, other than a
232232 Class C misdemeanor that is a violation of a law or ordinance
233233 regulating traffic or boating;
234234 (B) prohibited by law from possessing a firearm;
235235 or
236236 (C) a member of a criminal street gang, as
237237 defined by Section 71.01.
238238 SECTION 13. Sections 46.03(e-1) and (e-2), Penal Code, are
239239 amended to read as follows:
240240 (e-1) It is a defense to prosecution under Subsection (a)(5)
241241 that the actor:
242242 (1) possessed, at the screening checkpoint for the
243243 secured area, a [concealed] handgun that the actor was legally
244244 authorized [licensed] to carry [under Subchapter H, Chapter 411,
245245 Government Code]; and
246246 (2) exited the screening checkpoint for the secured
247247 area immediately on [upon] completion of the required screening
248248 processes and notification that the actor possessed the handgun.
249249 (e-2) A peace officer investigating conduct that may
250250 constitute an offense under Subsection (a)(5) and that consists
251251 only of an actor's possession of a [concealed] handgun that the
252252 actor is legally authorized [licensed] to carry [under Subchapter
253253 H, Chapter 411, Government Code,] may not arrest the actor for the
254254 offense unless:
255255 (1) the officer advises the actor of the defense
256256 available under Subsection (e-1) and gives the actor an opportunity
257257 to exit the screening checkpoint for the secured area; and
258258 (2) the actor does not immediately exit the checkpoint
259259 on [upon] completion of the required screening processes.
260260 SECTION 14. The heading to Section 46.035, Penal Code, is
261261 amended to read as follows:
262262 Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER
263263 OR OTHER PERSON LEGALLY AUTHORIZED TO CARRY HANDGUN.
264264 SECTION 15. Sections 46.035(a), (b), (c), (d), (i), and
265265 (l), Penal Code, are amended to read as follows:
266266 (a) A person who is a license holder or otherwise legally
267267 authorized to carry a handgun commits an offense if the person
268268 [license holder] carries a handgun [on or about the license
269269 holder's person under the authority of Subchapter H, Chapter 411,
270270 Government Code,] and intentionally displays the handgun in plain
271271 view of another person in a public place. It is an exception to the
272272 application of this subsection that the handgun was partially or
273273 wholly visible but was carried in a [shoulder or belt] holster [by
274274 the license holder].
275275 (b) A person who is a license holder or otherwise legally
276276 authorized to carry a handgun commits an offense if the person
277277 [license holder] intentionally, knowingly, or recklessly carries a
278278 handgun [under the authority of Subchapter H, Chapter 411,
279279 Government Code], regardless of whether the handgun is concealed or
280280 carried in a [shoulder or belt] holster[, on or about the license
281281 holder's person]:
282282 (1) on the premises of a business that has a permit or
283283 license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
284284 Beverage Code, if the business derives 51 percent or more of its
285285 income from the sale or service of alcoholic beverages for
286286 on-premises consumption, as determined by the Texas Alcoholic
287287 Beverage Commission under Section 104.06, Alcoholic Beverage Code;
288288 (2) on the premises where a high school, collegiate,
289289 or professional sporting event or interscholastic event is taking
290290 place, unless the person [license holder] is a participant in the
291291 event and a handgun is used in the event;
292292 (3) on the premises of a correctional facility;
293293 (4) on the premises of a hospital licensed under
294294 Chapter 241, Health and Safety Code, or on the premises of a nursing
295295 facility licensed under Chapter 242, Health and Safety Code, unless
296296 the person [license holder] has written authorization of the
297297 hospital or nursing facility administration, as appropriate; or
298298 (5) in an amusement park[; or
299299 [(6) on the premises of a church, synagogue, or other
300300 established place of religious worship].
301301 (c) A person who is a license holder or otherwise legally
302302 authorized to carry a handgun commits an offense if the person
303303 [license holder] intentionally, knowingly, or recklessly carries a
304304 handgun [under the authority of Subchapter H, Chapter 411,
305305 Government Code], regardless of whether the handgun is concealed or
306306 carried in a [shoulder or belt] holster, in the room or rooms where
307307 a meeting of a governmental entity is held and if the meeting is an
308308 open meeting subject to Chapter 551, Government Code, and the
309309 entity provided notice as required by that chapter.
310310 (d) A person who is a license holder or otherwise legally
311311 authorized to carry a handgun commits an offense if the person[,
312312 while intoxicated, the license holder] carries a handgun while the
313313 person is intoxicated [under the authority of Subchapter H, Chapter
314314 411, Government Code], regardless of whether the handgun is
315315 concealed or carried in a [shoulder or belt] holster.
316316 (i) Subsections (b)(4), (b)(5), [(b)(6),] and (c) do not
317317 apply to a license holder who [if the actor] was not given effective
318318 notice under Section 30.06 or 30.07.
319319 (l) Subsection (b)(2) does not apply to a license holder on
320320 the premises where a collegiate sporting event is taking place if
321321 the license holder [actor] was not given effective notice under
322322 Section 30.06.
323323 SECTION 16. Section 46.035(h-1), Penal Code, as added by
324324 Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
325325 Session, 2007, is amended to read as follows:
326326 (h-1) It is a defense to prosecution under Subsections
327327 (b)(1), (2), (4), and (5) [(4)-(6),] and (c) that at the time of the
328328 commission of the offense, the actor was:
329329 (1) a judge or justice of a federal court;
330330 (2) an active judicial officer, as defined by Section
331331 411.201, Government Code; or
332332 (3) a district attorney, assistant district attorney,
333333 criminal district attorney, assistant criminal district attorney,
334334 county attorney, or assistant county attorney.
335335 SECTION 17. Sections 46.15(a) and (b), Penal Code, are
336336 amended to read as follows:
337337 (a) Sections 46.02, [and] 46.03, and 46.035 do not apply to:
338338 (1) peace officers or special investigators under
339339 Article 2.122, Code of Criminal Procedure, and neither section
340340 prohibits a peace officer or special investigator from carrying a
341341 weapon in this state, including in an establishment in this state
342342 serving the public, regardless of whether the peace officer or
343343 special investigator is engaged in the actual discharge of the
344344 officer's or investigator's duties while carrying the weapon;
345345 (2) parole officers and neither section prohibits an
346346 officer from carrying a weapon in this state if the officer is:
347347 (A) engaged in the actual discharge of the
348348 officer's duties while carrying the weapon; and
349349 (B) in compliance with policies and procedures
350350 adopted by the Texas Department of Criminal Justice regarding the
351351 possession of a weapon by an officer while on duty;
352352 (3) community supervision and corrections department
353353 officers appointed or employed under Section 76.004, Government
354354 Code, and neither section prohibits an officer from carrying a
355355 weapon in this state if the officer is:
356356 (A) engaged in the actual discharge of the
357357 officer's duties while carrying the weapon; and
358358 (B) authorized to carry a weapon under Section
359359 76.0051, Government Code;
360360 (4) an active judicial officer as defined by Section
361361 411.201, Government Code, who is licensed to carry a handgun under
362362 Subchapter H, Chapter 411, Government Code;
363363 (5) an honorably retired peace officer, qualified
364364 retired law enforcement officer, federal criminal investigator, or
365365 former reserve law enforcement officer who holds a certificate of
366366 proficiency issued under Section 1701.357, Occupations Code, and is
367367 carrying a photo identification that is issued by a federal, state,
368368 or local law enforcement agency, as applicable, and that verifies
369369 that the officer is:
370370 (A) an honorably retired peace officer;
371371 (B) a qualified retired law enforcement officer;
372372 (C) a federal criminal investigator; or
373373 (D) a former reserve law enforcement officer who
374374 has served in that capacity not less than a total of 15 years with
375375 one or more state or local law enforcement agencies;
376376 (6) a district attorney, criminal district attorney,
377377 county attorney, or municipal attorney who is licensed to carry a
378378 handgun under Subchapter H, Chapter 411, Government Code;
379379 (7) an assistant district attorney, assistant
380380 criminal district attorney, or assistant county attorney who is
381381 licensed to carry a handgun under Subchapter H, Chapter 411,
382382 Government Code;
383383 (8) a bailiff designated by an active judicial officer
384384 as defined by Section 411.201, Government Code, who is:
385385 (A) licensed to carry a handgun under Subchapter
386386 H, Chapter 411, Government Code; and
387387 (B) engaged in escorting the judicial officer; or
388388 (9) a juvenile probation officer who is authorized to
389389 carry a firearm under Section 142.006, Human Resources Code.
390390 (b) Section 46.02 does not apply to a person who:
391391 (1) is in the actual discharge of official duties as a
392392 member of the armed forces or state military forces as defined by
393393 Section 437.001, Government Code, or as a guard employed by a penal
394394 institution;
395395 (2) is traveling;
396396 (3) is engaging in lawful hunting, fishing, or other
397397 sporting activity on the immediate premises where the activity is
398398 conducted, or is en route between the premises and the actor's
399399 residence, motor vehicle, or watercraft, if the weapon is a type
400400 commonly used in the activity;
401401 (4) holds a security officer commission issued by the
402402 Texas Private Security Board, if the person is engaged in the
403403 performance of the person's duties as an officer commissioned under
404404 Chapter 1702, Occupations Code, or is traveling to or from the
405405 person's place of assignment and is wearing the officer's uniform
406406 and carrying the officer's weapon in plain view;
407407 (5) acts as a personal protection officer and carries
408408 the person's security officer commission and personal protection
409409 officer authorization, if the person:
410410 (A) is engaged in the performance of the person's
411411 duties as a personal protection officer under Chapter 1702,
412412 Occupations Code, or is traveling to or from the person's place of
413413 assignment; and
414414 (B) is either:
415415 (i) wearing the uniform of a security
416416 officer, including any uniform or apparel described by Section
417417 1702.323(d), Occupations Code, and carrying the officer's weapon in
418418 plain view; or
419419 (ii) not wearing the uniform of a security
420420 officer and carrying the officer's weapon in a concealed manner;
421421 (6) is [carrying:
422422 [(A)] a license holder [issued] under Subchapter
423423 H, Chapter 411, Government Code, [to carry a handgun;] and is
424424 carrying
425425 [(B)] a handgun:
426426 (A) [(i)] in a concealed manner; or
427427 (B) [(ii)] in a [shoulder or belt] holster;
428428 (7) is at least 21 years of age and:
429429 (A) has not been convicted of a felony;
430430 (B) is fully qualified under applicable federal
431431 law to purchase and possess a handgun;
432432 (C) meets the requirements under Sections
433433 411.172(a)(1)-(13), Government Code;
434434 (D) is not a member of a criminal street gang, as
435435 defined by Section 71.01; and
436436 (E) is carrying a handgun:
437437 (i) in a concealed manner; or
438438 (ii) in a holster;
439439 (8) holds an alcoholic beverage permit or license or
440440 is an employee of a holder of an alcoholic beverage permit or
441441 license if the person is supervising the operation of the permitted
442442 or licensed premises; or
443443 (9) [(8)] is a student in a law enforcement class
444444 engaging in an activity required as part of the class, if the weapon
445445 is a type commonly used in the activity and the person is:
446446 (A) on the immediate premises where the activity
447447 is conducted; or
448448 (B) en route between those premises and the
449449 person's residence and is carrying the weapon unloaded.
450450 SECTION 18. The following provisions are repealed:
451451 (1) Sections 11.041, 11.61(e), 61.11, and 61.71(f),
452452 Alcoholic Beverage Code; and
453453 (2) Section 411.204(d), Government Code.
454454 SECTION 19. The changes in law made by this Act relating to
455455 the authority of a person to carry a handgun apply to the carrying
456456 of a handgun on or after the effective date of this Act by any person
457457 who may legally carry a handgun under this Act.
458458 SECTION 20. The changes in law made by this Act apply only
459459 to an offense committed on or after the effective date of this Act.
460460 An offense committed before the effective date of this Act is
461461 governed by the law in effect when the offense was committed, and
462462 the former law is continued in effect for that purpose. For
463463 purposes of this section, an offense was committed before the
464464 effective date of this Act if any element of the offense occurred
465465 before that date.
466466 SECTION 21. This Act takes effect September 1, 2017.