| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the prosecution of and punishment for the offense of |
|---|
| 8 | 8 | | unlawfully carrying a handgun by a license holder. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Sections 46.035(b), (g), and (i), Penal Code, |
|---|
| 11 | 11 | | are amended to read as follows: |
|---|
| 12 | 12 | | (b) A license holder commits an offense if the license |
|---|
| 13 | 13 | | holder intentionally, knowingly, or recklessly carries a handgun |
|---|
| 14 | 14 | | under the authority of Subchapter H, Chapter 411, Government Code, |
|---|
| 15 | 15 | | regardless of whether the handgun is concealed or carried in a |
|---|
| 16 | 16 | | shoulder or belt holster, on or about the license holder's person: |
|---|
| 17 | 17 | | (1) on the premises of a business that has a permit or |
|---|
| 18 | 18 | | license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
|---|
| 19 | 19 | | Beverage Code, if the business derives 51 percent or more of its |
|---|
| 20 | 20 | | income from the sale or service of alcoholic beverages for |
|---|
| 21 | 21 | | on-premises consumption, as determined by the Texas Alcoholic |
|---|
| 22 | 22 | | Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
|---|
| 23 | 23 | | (2) on the premises where a high school, collegiate, |
|---|
| 24 | 24 | | or professional sporting event or interscholastic event is taking |
|---|
| 25 | 25 | | place, unless the license holder is a participant in the event and a |
|---|
| 26 | 26 | | handgun is used in the event; |
|---|
| 27 | 27 | | (3) on the premises of a correctional facility; |
|---|
| 28 | 28 | | (4) on the premises of a hospital licensed under |
|---|
| 29 | 29 | | Chapter 241, Health and Safety Code, or on the premises of a nursing |
|---|
| 30 | 30 | | facility licensed under Chapter 242, Health and Safety Code, unless |
|---|
| 31 | 31 | | the license holder has written authorization of the hospital or |
|---|
| 32 | 32 | | nursing facility administration, as appropriate; |
|---|
| 33 | 33 | | (5) in an amusement park; or |
|---|
| 34 | 34 | | (6) [on the premises of a church, synagogue, or other |
|---|
| 35 | 35 | | established place of religious worship; or |
|---|
| 36 | 36 | | [(7)] on the premises of a civil commitment facility. |
|---|
| 37 | 37 | | (g) Except as otherwise provided by this subsection, an [An] |
|---|
| 38 | 38 | | offense under this section is a Class A misdemeanor. An offense |
|---|
| 39 | 39 | | under Subsection (b)(4), (b)(5), or (c) is a Class C misdemeanor |
|---|
| 40 | 40 | | punishable by a fine not to exceed $200, except that the offense is |
|---|
| 41 | 41 | | a Class A misdemeanor if it is shown on the trial of the offense |
|---|
| 42 | 42 | | that, after entering the property, the license holder was |
|---|
| 43 | 43 | | personally given notice by oral communication under Section 30.06 |
|---|
| 44 | 44 | | or 30.07 that entry on the property was forbidden and subsequently |
|---|
| 45 | 45 | | failed to depart. An [, unless the] offense [is committed] under |
|---|
| 46 | 46 | | Subsection (b)(1) or (b)(3)[, in which event the offense] is a |
|---|
| 47 | 47 | | felony of the third degree. |
|---|
| 48 | 48 | | (i) Subsections (b)(4), (b)(5), [(b)(6),] and (c) do not |
|---|
| 49 | 49 | | apply if the actor was not given effective notice under Section |
|---|
| 50 | 50 | | 30.06 or 30.07. |
|---|
| 51 | 51 | | SECTION 2. Section 46.035(h-1), Penal Code, as added by |
|---|
| 52 | 52 | | Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular |
|---|
| 53 | 53 | | Session, 2007, is amended to read as follows: |
|---|
| 54 | 54 | | (h-1) It is a defense to prosecution under Subsections |
|---|
| 55 | 55 | | (b)(1), (2), (4), and (5)[, and (6)] and (c) that at the time of the |
|---|
| 56 | 56 | | commission of the offense, the actor was: |
|---|
| 57 | 57 | | (1) a judge or justice of a federal court; |
|---|
| 58 | 58 | | (2) an active judicial officer, as defined by Section |
|---|
| 59 | 59 | | 411.201, Government Code; or |
|---|
| 60 | 60 | | (3) the attorney general or a United States attorney, |
|---|
| 61 | 61 | | assistant United States attorney, assistant attorney general, |
|---|
| 62 | 62 | | district attorney, assistant district attorney, criminal district |
|---|
| 63 | 63 | | attorney, assistant criminal district attorney, county attorney, |
|---|
| 64 | 64 | | or assistant county attorney. |
|---|
| 65 | 65 | | SECTION 3. The change in law made by this Act applies only |
|---|
| 66 | 66 | | to an offense committed on or after the effective date of this Act. |
|---|
| 67 | 67 | | An offense committed before the effective date of this Act is |
|---|
| 68 | 68 | | governed by the law in effect at the time the offense was committed, |
|---|
| 69 | 69 | | and the former law is continued in effect for that purpose. For |
|---|
| 70 | 70 | | purposes of this section, an offense was committed before the |
|---|
| 71 | 71 | | effective date of this Act if any element of the offense occurred |
|---|
| 72 | 72 | | before that date. |
|---|
| 73 | 73 | | SECTION 4. This Act takes effect September 1, 2019. |
|---|