86R5103 TSS-F
By: Menéndez S.B. No. 1172
A BILL TO BE ENTITLED
AN ACT
relating to the locations in which a person may carry a firearm, the
seizure of a firearm by law enforcement on arrest, and interactions
between law enforcement and a handgun license holder; creating
criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 18, Code of Criminal Procedure, is
amended by adding Article 18.096 to read as follows:
Art. 18.096. SEIZURE OF FIREARM. (a) If a peace officer
arrests a person who is carrying a firearm, the officer shall disarm
the person and seize the firearm as evidence.
(b) If the seized firearm is a handgun and the person holds a
license to carry a handgun issued under Subchapter H, Chapter 411,
Government Code, the officer shall seize the person's handgun
license under Section 411.206, Government Code.
SECTION 2. Article 18.19(a), Code of Criminal Procedure, is
amended to read as follows:
(a) Weapons seized in connection with an offense involving
the use of a weapon or an offense under Chapter 46, Penal Code, or on
arrest pursuant to Article 18.096 [Chapter 46] shall be held by the
law enforcement agency making the seizure, subject to the following
provisions, unless:
(1) the weapon is a prohibited weapon identified in
Chapter 46, Penal Code, [Chapter 46,] in which event Article 18.18
of this code applies; or
(2) the weapon is alleged to be stolen property, in
which event Chapter 47 of this code applies.
SECTION 3. Section 411.205, Government Code, is amended to
read as follows:
Sec. 411.205. FAILURE [REQUIREMENT] TO DISPLAY LICENSE.
(a) A [If a] license holder commits an offense if while [is]
carrying a handgun on or about the license holder's person, [when] a
magistrate or a peace officer demands that the license holder
display identification and[,] the license holder fails to [shall]
display both the license holder's driver's license or
identification certificate issued by the department and the license
holder's handgun license.
(b) An offense under this section is a Class B misdemeanor.
SECTION 4. Section 46.03, Penal Code, is amended by adding
Subsection (a-2) to read as follows:
(a-2) A person commits an offense if the person
intentionally, knowingly, or recklessly possesses or goes with a
firearm on the physical premises of a police station or other
building that is a place of operation for a law enforcement agency,
including a county sheriff's department, unless the person
possesses or goes with a handgun that the person is licensed to
carry under Subchapter H, Chapter 411, Government Code.
SECTION 5. Article 18.096, Code of Criminal Procedure, as
added by this Act, applies to an arrest that occurs on or after the
effective date of this Act, regardless of whether the offense for
which the person was arrested was committed before, on, or after
that date.
SECTION 6. Sections 411.205, Government Code, and 46.03,
Penal Code, as amended by this Act, apply 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 was committed before that date.
SECTION 7. This Act takes effect September 1, 2019.