Texas 2017 - 85th Regular

Texas House Bill HB981 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R1741 ADM-D
2	2	By: Wray, Price, Burns, Phelan, et al. H.B. No. 981
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the carrying of handguns by and an exemption from
8	8	application of the Private Security Act of certain persons who
9	9	provide security services on a volunteer basis at an established
10	10	place of religious worship.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter N, Chapter 1702, Occupations Code, is
13	13	amended by adding Section 1702.333 to read as follows:
14	14	Sec. 1702.333. PLACE OF RELIGIOUS WORSHIP; CERTAIN
15	15	VOLUNTEERS. (a) This chapter does not apply to a person who
16	16	complies with Subsection (b) and who is approved by the leadership
17	17	of a church, synagogue, or other established place of religious
18	18	worship to provide security services on the premises of the place of
19	19	religious worship as a member of a volunteer safety group.
20	20	(b) While serving as a member of a volunteer safety group, a
21	21	person may not:
22	22	(1) wear a uniform, badge, patch, or other item that
23	23	would give the member the appearance of being a peace officer,
24	24	personal protection officer, or security officer; or
25	25	(2) carry an object displaying a word or phrase,
26	26	including the word "security," that would give the person the
27	27	appearance of being a peace officer, personal protection officer,
28	28	or security officer.
29	29	SECTION 2. Subchapter H, Chapter 411, Government Code, is
30	30	amended by adding Section 411.2035 to read as follows:
31	31	Sec. 411.2035. CARRYING OF HANDGUNS ON PREMISES OF PLACE OF
32	32	RELIGIOUS WORSHIP. (a) This section applies only to a person who
33	33	is providing security services to a church, synagogue, or other
34	34	established place of religious worship as a member of a volunteer
35	35	safety group of the place of religious worship as described by
36	36	Section 1702.333, Occupations Code.
37	37	(b) A person described by Subsection (a) who is licensed to
38	38	carry a handgun under this subchapter may carry a handgun on the
39	39	premises of the applicable place of religious worship only on
40	40	approval by the leadership of the place of religious worship.
41	41	SECTION 3. Section 46.035(b), Penal Code, is amended to
42	42	read as follows:
43	43	(b) A license holder commits an offense if the license
44	44	holder intentionally, knowingly, or recklessly carries a handgun
45	45	under the authority of Subchapter H, Chapter 411, Government Code,
46	46	regardless of whether the handgun is concealed or carried in a
47	47	shoulder or belt holster, on or about the license holder's person:
48	48	(1) on the premises of a business that has a permit or
49	49	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
50	50	Beverage Code, if the business derives 51 percent or more of its
51	51	income from the sale or service of alcoholic beverages for
52	52	on-premises consumption, as determined by the Texas Alcoholic
53	53	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
54	54	(2) on the premises where a high school, collegiate,
55	55	or professional sporting event or interscholastic event is taking
56	56	place, unless the license holder is a participant in the event and a
57	57	handgun is used in the event;
58	58	(3) on the premises of a correctional facility;
59	59	(4) on the premises of a hospital licensed under
60	60	Chapter 241, Health and Safety Code, or on the premises of a nursing
61	61	facility licensed under Chapter 242, Health and Safety Code, unless
62	62	the license holder has written authorization of the hospital or
63	63	nursing facility administration, as appropriate;
64	64	(5) in an amusement park; or
65	65	(6) on the premises of a church, synagogue, or other
66	66	established place of religious worship, unless:
67	67	(A) the license holder is providing security
68	68	services to a church, synagogue, or other established place of
69	69	religious worship as a member of a volunteer safety group of the
70	70	place of religious worship as described by Section 1702.333,
71	71	Occupations Code; and
72	72	(B) the leadership of the place of religious
73	73	worship has approved the carrying of the handgun by the license
74	74	holder.
75	75	SECTION 4. The change in law made by this Act to Section
76	76	46.035, Penal Code, applies only to an offense committed on or after
77	77	the effective date of this Act. An offense committed before the
78	78	effective date of this Act is governed by the law in effect on the
79	79	date the offense was committed, and the former law is continued in
80	80	effect for that purpose. For purposes of this section, an offense
81	81	was committed before the effective date of this Act if any element
82	82	of the offense occurred before that date.
83	83	SECTION 5. This Act takes effect September 1, 2017.