85R1741 ADM-D
By: Wray, Price, Burns, Phelan, et al. H.B. No. 981
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of handguns by and an exemption from
application of the Private Security Act of certain persons who
provide security services on a volunteer basis at an established
place of religious worship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter N, Chapter 1702, Occupations Code, is
amended by adding Section 1702.333 to read as follows:
Sec. 1702.333. PLACE OF RELIGIOUS WORSHIP; CERTAIN
VOLUNTEERS. (a) This chapter does not apply to a person who
complies with Subsection (b) and who is approved by the leadership
of a church, synagogue, or other established place of religious
worship to provide security services on the premises of the place of
religious worship as a member of a volunteer safety group.
(b) While serving as a member of a volunteer safety group, a
person may not:
(1) wear a uniform, badge, patch, or other item that
would give the member the appearance of being a peace officer,
personal protection officer, or security officer; or
(2) carry an object displaying a word or phrase,
including the word "security," that would give the person the
appearance of being a peace officer, personal protection officer,
or security officer.
SECTION 2. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.2035 to read as follows:
Sec. 411.2035. CARRYING OF HANDGUNS ON PREMISES OF PLACE OF
RELIGIOUS WORSHIP. (a) This section applies only to a person who
is providing security services to a church, synagogue, or other
established place of religious worship as a member of a volunteer
safety group of the place of religious worship as described by
Section 1702.333, Occupations Code.
(b) A person described by Subsection (a) who is licensed to
carry a handgun under this subchapter may carry a handgun on the
premises of the applicable place of religious worship only on
approval by the leadership of the place of religious worship.
SECTION 3. Section 46.035(b), Penal Code, is amended to
read as follows:
(b) A license holder commits an offense if the 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 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 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, unless:
(A) the license holder is providing security
services to a church, synagogue, or other established place of
religious worship as a member of a volunteer safety group of the
place of religious worship as described by Section 1702.333,
Occupations Code; and
(B) the leadership of the place of religious
worship has approved the carrying of the handgun by the license
holder.
SECTION 4. The change in law made by this Act to Section
46.035, Penal Code, applies 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 on the
date 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 5. This Act takes effect September 1, 2017.