87R6125 JSC-D
By: Oliverson H.B. No. 1094
A BILL TO BE ENTITLED
AN ACT
relating to authorizing certain persons to carry a handgun without
a license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.15, Penal Code, is amended by adding
Subsection (m) to read as follows:
(m) Sections 46.02, 46.03(a)(1), (2), (3), (4), and (5), and
46.035(a), (a-1), (a-2), (a-3), (b)(1), (2), (4), and (5), and (c)
do not apply to a person who:
(1) is not prohibited under state or federal law from
possessing a firearm;
(2) is 18 years of age or older;
(3) is:
(A) protected under:
(i) a temporary restraining order or
temporary injunction issued under Subchapter F, Chapter 6, Family
Code;
(ii) a temporary ex parte order issued
under Chapter 83, Family Code;
(iii) a protective order issued under
Chapter 85, Family Code;
(iv) a protective order issued Chapter 7B,
Code of Criminal Procedure; or
(v) a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
(B) a member of the household or family of a
person protected under an order described by Paragraph (A); or
(C) a participant in the address confidentiality
program under Subchapter B, Chapter 58, Code of Criminal Procedure;
and
(4) carries:
(A) a handgun:
(i) in a concealed manner; or
(ii) in a shoulder or belt holster, unless
the person is on a premises described by Section 46.035(a-1); and
(B) documentation of the order or program
participation described by Subdivision (3).
SECTION 2. Section 11.61(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) Except as provided by Subsection (f) or (i), the
commission or administrator shall cancel an original or renewal
permit if it is found, after notice and hearing, that the permittee
knowingly allowed a person to possess a firearm in a building on the
licensed premises. This subsection does not apply to a person:
(1) who holds a security officer commission issued
under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of
the person's duties as a security officer;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a permittee or an employee of a permittee if
the person is supervising the operation of the premises; [or]
(4) who possesses a handgun the person is licensed to
carry under Subchapter H, Chapter 411, Government Code, unless the
person is on the premises of a business described by Section
46.035(b)(1), Penal Code; or
(5) who possesses a handgun and is a person described
by Section 46.15(m), Penal Code.
SECTION 3. Section 61.71(f), Alcoholic Beverage Code, is
amended to read as follows:
(f) Except as provided by Subsection (g) or (j), the
commission or administrator shall cancel an original or renewal
dealer's on-premises or off-premises license if it is found, after
notice and hearing, that the licensee knowingly allowed a person to
possess a firearm in a building on the licensed premises. This
subsection does not apply to a person:
(1) who holds a security officer commission issued
under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of
the person's duties as a security officer;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a licensee or an employee of a licensee if
the person is supervising the operation of the premises; [or]
(4) who possesses a handgun the person is licensed to
carry under Subchapter H, Chapter 411, Government Code, unless the
person is on the premises of a business described by Section
46.035(b)(1), Penal Code; or
(5) who possesses a handgun and is a person described
by Section 46.15(m), Penal Code.
SECTION 4. The changes in law made 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 occurred before that date.
SECTION 5. This Act takes effect September 1, 2021.