By: Pickett, et al. (Senate Sponsor - Hughes) H.B. No. 873
(In the Senate - Received from the House April 24, 2017;
May 1, 2017, read first time and referred to Committee on State
Affairs; May 8, 2017, reported favorably by the following vote:
Yeas 8, Nays 0; May 8, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting certain establishments serving the public
from restricting a peace officer or special investigator from
carrying a weapon on the premises.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.1305 to read as follows:
Art. 2.1305. CARRYING WEAPON ON CERTAIN PREMISES. (a) An
establishment serving the public may not prohibit or otherwise
restrict a peace officer or special investigator from carrying on
the establishment's premises a weapon that the peace officer or
special investigator is otherwise authorized to carry, regardless
of whether the peace officer or special investigator is engaged in
the actual discharge of the officer's or investigator's duties
while carrying the weapon.
(b) For purposes of this article:
(1) "Establishment serving the public" means:
(A) a hotel, motel, or other place of lodging;
(B) a restaurant or other place where food is
offered for sale to the public;
(C) a retail business or other commercial
establishment or an office building to which the general public is
invited;
(D) a sports venue; and
(E) any other place of public accommodation,
amusement, convenience, or resort to which the general public or
any classification of persons from the general public is regularly,
normally, or customarily invited.
(2) "Sports venue" means an arena, coliseum, stadium,
or other type of area or facility that is primarily used or is
planned for primary use for one or more professional or amateur
sports or athletics events and for which a fee is charged or is
planned to be charged for admission to the sports or athletics
events, other than occasional civic, charitable, or promotional
events.
SECTION 2. The change in law made by this Act applies only
to conduct that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is
governed by the law in effect on the date the conduct occurred, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.
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