1 | | - | By: Pickett, et al. (Senate Sponsor - Hughes) H.B. No. 873 |
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2 | | - | (In the Senate - Received from the House April 24, 2017; |
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3 | | - | May 1, 2017, read first time and referred to Committee on State |
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4 | | - | Affairs; May 8, 2017, reported favorably by the following vote: |
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5 | | - | Yeas 8, Nays 0; May 8, 2017, sent to printer.) |
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6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 873 |
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10 | 4 | | AN ACT |
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11 | 5 | | relating to prohibiting certain establishments serving the public |
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12 | 6 | | from restricting a peace officer or special investigator from |
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13 | 7 | | carrying a weapon on the premises. |
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14 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 9 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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16 | 10 | | amended by adding Article 2.1305 to read as follows: |
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17 | 11 | | Art. 2.1305. CARRYING WEAPON ON CERTAIN PREMISES. (a) An |
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18 | 12 | | establishment serving the public may not prohibit or otherwise |
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19 | 13 | | restrict a peace officer or special investigator from carrying on |
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20 | 14 | | the establishment's premises a weapon that the peace officer or |
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21 | 15 | | special investigator is otherwise authorized to carry, regardless |
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22 | 16 | | of whether the peace officer or special investigator is engaged in |
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23 | 17 | | the actual discharge of the officer's or investigator's duties |
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24 | 18 | | while carrying the weapon. |
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25 | 19 | | (b) For purposes of this article: |
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26 | 20 | | (1) "Establishment serving the public" means: |
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27 | 21 | | (A) a hotel, motel, or other place of lodging; |
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28 | 22 | | (B) a restaurant or other place where food is |
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29 | 23 | | offered for sale to the public; |
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30 | 24 | | (C) a retail business or other commercial |
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31 | 25 | | establishment or an office building to which the general public is |
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32 | 26 | | invited; |
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33 | 27 | | (D) a sports venue; and |
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34 | 28 | | (E) any other place of public accommodation, |
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35 | 29 | | amusement, convenience, or resort to which the general public or |
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36 | 30 | | any classification of persons from the general public is regularly, |
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37 | 31 | | normally, or customarily invited. |
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38 | 32 | | (2) "Sports venue" means an arena, coliseum, stadium, |
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39 | 33 | | or other type of area or facility that is primarily used or is |
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40 | 34 | | planned for primary use for one or more professional or amateur |
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41 | 35 | | sports or athletics events and for which a fee is charged or is |
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42 | 36 | | planned to be charged for admission to the sports or athletics |
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43 | 37 | | events, other than occasional civic, charitable, or promotional |
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44 | 38 | | events. |
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45 | 39 | | SECTION 2. The change in law made by this Act applies only |
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46 | 40 | | to conduct that occurs on or after the effective date of this Act. |
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47 | 41 | | Conduct that occurs before the effective date of this Act is |
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48 | 42 | | governed by the law in effect on the date the conduct occurred, and |
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49 | 43 | | the former law is continued in effect for that purpose. |
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50 | 44 | | SECTION 3. This Act takes effect September 1, 2017. |
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51 | | - | * * * * * |
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| 45 | + | ______________________________ ______________________________ |
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| 46 | + | President of the Senate Speaker of the House |
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| 47 | + | I certify that H.B. No. 873 was passed by the House on April |
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| 48 | + | 20, 2017, by the following vote: Yeas 144, Nays 0, 1 present, not |
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| 49 | + | voting. |
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| 50 | + | ______________________________ |
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| 51 | + | Chief Clerk of the House |
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| 52 | + | I certify that H.B. No. 873 was passed by the Senate on May |
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| 53 | + | 12, 2017, by the following vote: Yeas 30, Nays 1. |
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| 54 | + | ______________________________ |
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| 55 | + | Secretary of the Senate |
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| 56 | + | APPROVED: _____________________ |
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| 57 | + | Date |
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| 58 | + | _____________________ |
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| 59 | + | Governor |
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