Texas 2021 - 87th Regular

Texas House Bill HB1094 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R6125 JSC-D
2	2	By: Oliverson H.B. No. 1094
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing certain persons to carry a handgun without
8	8	a license.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 46.15, Penal Code, is amended by adding
11	11	Subsection (m) to read as follows:
12	12	(m) Sections 46.02, 46.03(a)(1), (2), (3), (4), and (5), and
13	13	46.035(a), (a-1), (a-2), (a-3), (b)(1), (2), (4), and (5), and (c)
14	14	do not apply to a person who:
15	15	(1) is not prohibited under state or federal law from
16	16	possessing a firearm;
17	17	(2) is 18 years of age or older;
18	18	(3) is:
19	19	(A) protected under:
20	20	(i) a temporary restraining order or
21	21	temporary injunction issued under Subchapter F, Chapter 6, Family
22	22	Code;
23	23	(ii) a temporary ex parte order issued
24	24	under Chapter 83, Family Code;
25	25	(iii) a protective order issued under
26	26	Chapter 85, Family Code;
27	27	(iv) a protective order issued Chapter 7B,
28	28	Code of Criminal Procedure; or
29	29	(v) a magistrate's order for emergency
30	30	protection issued under Article 17.292, Code of Criminal Procedure;
31	31	(B) a member of the household or family of a
32	32	person protected under an order described by Paragraph (A); or
33	33	(C) a participant in the address confidentiality
34	34	program under Subchapter B, Chapter 58, Code of Criminal Procedure;
35	35	and
36	36	(4) carries:
37	37	(A) a handgun:
38	38	(i) in a concealed manner; or
39	39	(ii) in a shoulder or belt holster, unless
40	40	the person is on a premises described by Section 46.035(a-1); and
41	41	(B) documentation of the order or program
42	42	participation described by Subdivision (3).
43	43	SECTION 2. Section 11.61(e), Alcoholic Beverage Code, is
44	44	amended to read as follows:
45	45	(e) Except as provided by Subsection (f) or (i), the
46	46	commission or administrator shall cancel an original or renewal
47	47	permit if it is found, after notice and hearing, that the permittee
48	48	knowingly allowed a person to possess a firearm in a building on the
49	49	licensed premises. This subsection does not apply to a person:
50	50	(1) who holds a security officer commission issued
51	51	under Chapter 1702, Occupations Code, if:
52	52	(A) the person is engaged in the performance of
53	53	the person's duties as a security officer;
54	54	(B) the person is wearing a distinctive uniform;
55	55	and
56	56	(C) the weapon is in plain view;
57	57	(2) who is a peace officer;
58	58	(3) who is a permittee or an employee of a permittee if
59	59	the person is supervising the operation of the premises; [or]
60	60	(4) who possesses a handgun the person is licensed to
61	61	carry under Subchapter H, Chapter 411, Government Code, unless the
62	62	person is on the premises of a business described by Section
63	63	46.035(b)(1), Penal Code; or
64	64	(5) who possesses a handgun and is a person described
65	65	by Section 46.15(m), Penal Code.
66	66	SECTION 3. Section 61.71(f), Alcoholic Beverage Code, is
67	67	amended to read as follows:
68	68	(f) Except as provided by Subsection (g) or (j), the
69	69	commission or administrator shall cancel an original or renewal
70	70	dealer's on-premises or off-premises license if it is found, after
71	71	notice and hearing, that the licensee knowingly allowed a person to
72	72	possess a firearm in a building on the licensed premises. This
73	73	subsection does not apply to a person:
74	74	(1) who holds a security officer commission issued
75	75	under Chapter 1702, Occupations Code, if:
76	76	(A) the person is engaged in the performance of
77	77	the person's duties as a security officer;
78	78	(B) the person is wearing a distinctive uniform;
79	79	and
80	80	(C) the weapon is in plain view;
81	81	(2) who is a peace officer;
82	82	(3) who is a licensee or an employee of a licensee if
83	83	the person is supervising the operation of the premises; [or]
84	84	(4) who possesses a handgun the person is licensed to
85	85	carry under Subchapter H, Chapter 411, Government Code, unless the
86	86	person is on the premises of a business described by Section
87	87	46.035(b)(1), Penal Code; or
88	88	(5) who possesses a handgun and is a person described
89	89	by Section 46.15(m), Penal Code.
90	90	SECTION 4. The changes in law made by this Act apply only to
91	91	an offense committed on or after the effective date of this Act. An
92	92	offense committed before the effective date of this Act is governed
93	93	by the law in effect on the date the offense was committed, and the
94	94	former law is continued in effect for that purpose. For purposes of
95	95	this section, an offense was committed before the effective date of
96	96	this Act if any element of the offense occurred before that date.
97	97	SECTION 5. This Act takes effect September 1, 2021.