Texas 2021 - 87th Regular

Texas House Bill HB1587 Compare Versions

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

Old	New	Differences
1	1	87R5387 JSC-F
2	2	By: White H.B. No. 1587
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to provisions governing the carrying of a handgun by
8	8	certain unlicensed persons and to other provisions related to the
9	9	carrying, possessing, transporting, or storing of a firearm;
10	10	providing criminal penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 46.02(a-1), Penal Code, is amended to
13	13	read as follows:
14	14	(a-1) A person commits an offense if the person
15	15	intentionally, knowingly, or recklessly carries on or about his or
16	16	her person a handgun in a motor vehicle or watercraft that is owned
17	17	by the person or under the person's control at any time in which:
18	18	(1) the handgun is in plain view[, unless the person is
19	19	licensed to carry a handgun under Subchapter H, Chapter 411,
20	20	Government Code, and the handgun is carried in a shoulder or belt
21	21	holster]; or
22	22	(2) the person is:
23	23	(A) engaged in criminal activity, other than a
24	24	Class C misdemeanor that is a violation of a law or ordinance
25	25	regulating traffic or boating;
26	26	(B) prohibited by law from possessing a firearm;
27	27	or
28	28	(C) a member of a criminal street gang, as
29	29	defined by Section 71.01.
30	30	SECTION 2. Sections 46.03(e-1), (e-2), and (f), Penal Code,
31	31	are amended to read as follows:
32	32	(e-1) It is a defense to prosecution under Subsection (a)(5)
33	33	that the actor:
34	34	(1) possessed, at the screening checkpoint for the
35	35	secured area, a [concealed] handgun;
36	36	(2) [that the actor] was licensed to carry a handgun
37	37	under Subchapter H, Chapter 411, Government Code, or, if
38	38	unlicensed, was not prohibited by state or federal law from
39	39	carrying a handgun; and
40	40	(3) [(2)] exited the screening checkpoint for the
41	41	secured area immediately on [upon] completion of the required
42	42	screening processes and notification that the actor possessed the
43	43	handgun.
44	44	(e-2) A peace officer investigating conduct that may
45	45	constitute an offense under Subsection (a)(5) and that consists
46	46	only of an actor's possession of a [concealed] handgun that the
47	47	actor is licensed to carry under Subchapter H, Chapter 411,
48	48	Government Code, or, if unlicensed, is not prohibited by state or
49	49	federal law from carrying, may not arrest the actor for the offense
50	50	unless:
51	51	(1) the officer advises the actor of the defense
52	52	available under Subsection (e-1) and gives the actor an opportunity
53	53	to exit the screening checkpoint for the secured area; and
54	54	(2) the actor does not immediately exit the checkpoint
55	55	on [upon] completion of the required screening processes.
56	56	(f) Except as provided by Subsection (e-1), it is not a
57	57	defense to prosecution under this section that the actor possessed
58	58	a handgun and was:
59	59	(1) licensed to carry a handgun under Subchapter H,
60	60	Chapter 411, Government Code; or
61	61	(2) if unlicensed, not prohibited by state or federal
62	62	law from carrying a handgun.
63	63	SECTION 3. The heading to Section 46.035, Penal Code, is
64	64	amended to read as follows:
65	65	Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN [BY LICENSE
66	66	HOLDER].
67	67	SECTION 4. Sections 46.035(a), (b), (c), (d), and (i),
68	68	Penal Code, are amended to read as follows:
69	69	(a) A person [license holder] commits an offense if the
70	70	person [license holder] carries a handgun [on or about the license
71	71	holder's person under the authority of Subchapter H, Chapter 411,
72	72	Government Code,] and intentionally displays the handgun in plain
73	73	view of another person in a public place. It is an exception to the
74	74	application of this subsection that the handgun was partially or
75	75	wholly visible but was carried in a [shoulder or belt] holster [by
76	76	the license holder].
77	77	(b) A person [license holder] commits an offense if the
78	78	person [license holder] intentionally, knowingly, or recklessly
79	79	carries a handgun [under the authority of Subchapter H, Chapter
80	80	411, Government Code], regardless of whether the handgun is
81	81	concealed or carried in a [shoulder or belt] holster[, on or about
82	82	the license holder's person]:
83	83	(1) on the premises of a business that has a permit or
84	84	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
85	85	Beverage Code, if the business derives 51 percent or more of its
86	86	income from the sale or service of alcoholic beverages for
87	87	on-premises consumption, as determined by the Texas Alcoholic
88	88	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
89	89	(2) on the premises where a high school, collegiate,
90	90	or professional sporting event or interscholastic event is taking
91	91	place, unless the person [license holder] is a participant in the
92	92	event and a handgun is used in the event;
93	93	(3) on the premises of a correctional facility;
94	94	(4) on the premises of a hospital licensed under
95	95	Chapter 241, Health and Safety Code, or on the premises of a nursing
96	96	facility licensed under Chapter 242, Health and Safety Code, unless
97	97	the person [license holder] has written authorization of the
98	98	hospital or nursing facility administration, as appropriate;
99	99	(5) in an amusement park; or
100	100	(6) on the premises of a civil commitment facility.
101	101	(c) A person [license holder] commits an offense if:
102	102	(1) the person [license holder] intentionally,
103	103	knowingly, or recklessly carries a handgun [under the authority of
104	104	Subchapter H, Chapter 411, Government Code], regardless of whether
105	105	the handgun is concealed or carried in a [shoulder or belt] holster,
106	106	in the room or rooms where a meeting of a governmental entity is
107	107	held; and
108	108	(2) [if] the meeting described by Subdivision (1) is
109	109	an open meeting subject to Chapter 551, Government Code, and the
110	110	entity provided notice as required by that chapter.
111	111	(d) A person [license holder] commits an offense if the
112	112	person[, while intoxicated, the license holder] carries a handgun
113	113	while the person is intoxicated [under the authority of Subchapter
114	114	H, Chapter 411, Government Code], regardless of whether the handgun
115	115	is concealed or carried in a [shoulder or belt] holster.
116	116	(i) Subsections (b)(4), (b)(5), and (c) do not apply if the
117	117	actor was not given effective notice under Section 30.05, 30.06, or
118	118	30.07.
119	119	SECTION 5. Section 46.15, Penal Code, is amended by
120	120	amending Subsection (a) and adding Subsection (m) to read as
121	121	follows:
122	122	(a) Sections 46.02, [and] 46.03, and 46.035(b) and (c) do
123	123	not apply to:
124	124	(1) peace officers or special investigators under
125	125	Article 2.122, Code of Criminal Procedure, and none of those
126	126	sections prohibit [neither section prohibits] a peace officer or
127	127	special investigator from carrying a weapon in this state,
128	128	including in an establishment in this state serving the public,
129	129	regardless of whether the peace officer or special investigator is
130	130	engaged in the actual discharge of the officer's or investigator's
131	131	duties while carrying the weapon;
132	132	(2) parole officers, and none of those sections
133	133	prohibit [neither section prohibits] an officer from carrying a
134	134	weapon in this state if the officer is:
135	135	(A) engaged in the actual discharge of the
136	136	officer's duties while carrying the weapon; and
137	137	(B) in compliance with policies and procedures
138	138	adopted by the Texas Department of Criminal Justice regarding the
139	139	possession of a weapon by an officer while on duty;
140	140	(3) community supervision and corrections department
141	141	officers appointed or employed under Section 76.004, Government
142	142	Code, and none of those sections prohibit [neither section
143	143	prohibits] an officer from carrying a weapon in this state if the
144	144	officer is:
145	145	(A) engaged in the actual discharge of the
146	146	officer's duties while carrying the weapon; and
147	147	(B) authorized to carry a weapon under Section
148	148	76.0051, Government Code;
149	149	(4) an active judicial officer as defined by Section
150	150	411.201, Government Code, who is licensed to carry a handgun under
151	151	Subchapter H, Chapter 411, Government Code;
152	152	(5) an honorably retired peace officer or other
153	153	qualified retired law enforcement officer, as defined by 18 U.S.C.
154	154	Section 926C, who holds a certificate of proficiency issued under
155	155	Section 1701.357, Occupations Code, and is carrying a photo
156	156	identification that is issued by a federal, state, or local law
157	157	enforcement agency, as applicable, and that verifies that the
158	158	officer is an honorably retired peace officer or other qualified
159	159	retired law enforcement officer;
160	160	(6) the attorney general or a United States attorney,
161	161	district attorney, criminal district attorney, county attorney, or
162	162	municipal attorney who is licensed to carry a handgun under
163	163	Subchapter H, Chapter 411, Government Code;
164	164	(7) an assistant United States attorney, assistant
165	165	attorney general, assistant district attorney, assistant criminal
166	166	district attorney, or assistant county attorney who is licensed to
167	167	carry a handgun under Subchapter H, Chapter 411, Government Code;
168	168	(8) a bailiff designated by an active judicial officer
169	169	as defined by Section 411.201, Government Code, who is:
170	170	(A) licensed to carry a handgun under Subchapter
171	171	H, Chapter 411, Government Code; and
172	172	(B) engaged in escorting the judicial officer;
173	173	(9) a juvenile probation officer who is authorized to
174	174	carry a firearm under Section 142.006, Human Resources Code; [or]
175	175	(10) a person who is volunteer emergency services
176	176	personnel if the person is:
177	177	(A) licensed to carry [carrying] a handgun under
178	178	[the authority of] Subchapter H, Chapter 411, Government Code; and
179	179	(B) engaged in providing emergency services; or
180	180	(11) a judge or justice of a federal court who is
181	181	licensed to carry a handgun under Subchapter H, Chapter 411,
182	182	Government Code.
183	183	(m) Sections 46.02(a) and (a-1)(1) do not apply to a person
184	184	who:
185	185	(1) carries the handgun in a concealed manner or in a
186	186	holster;
187	187	(2) meets the requirements under Sections
188	188	411.172(a)(1)-(13), Government Code; and
189	189	(3) is not:
190	190	(A) a member of a criminal street gang, as
191	191	defined by Section 71.01;
192	192	(B) engaged in criminal activity, other than a
193	193	Class C misdemeanor that is a violation of a law or ordinance
194	194	regulating traffic or boating; or
195	195	(C) in a location in which carrying a handgun or
196	196	other firearm is prohibited under Section 46.03(a) or 46.035(b) or
197	197	(c) or other law.
198	198	SECTION 6. Chapter 507, Business & Commerce Code, is
199	199	amended to read as follows:
200	200	CHAPTER 507. LICENSE TO CARRY [CONCEALED] HANDGUN [LICENSES] AS
201	201	VALID FORM [FORMS] OF PERSONAL IDENTIFICATION
202	202	Sec. 507.001. [CONCEALED HANDGUN] LICENSE TO CARRY HANDGUN
203	203	AS VALID PROOF OF IDENTIFICATION. (a) A person may not deny the
204	204	holder of a [concealed] handgun license issued under Subchapter H,
205	205	Chapter 411, Government Code, access to goods, services, or
206	206	facilities, except as provided by Section 521.460, Transportation
207	207	Code, or in regard to the operation of a motor vehicle, because the
208	208	holder has or presents a [concealed] handgun license rather than a
209	209	driver's license or other acceptable form of personal
210	210	identification.
211	211	(b) This section does not affect:
212	212	(1) the requirement under Section 411.205, Government
213	213	Code, that a person subject to that section present a driver's
214	214	license or identification certificate or other proof of identity
215	215	[in addition to a concealed handgun license]; or
216	216	(2) the types of identification required under federal
217	217	law to access airport premises or pass through airport security.
218	218	SECTION 7. Section 125.0015(a), Civil Practice and Remedies
219	219	Code, is amended to read as follows:
220	220	(a) A person who maintains a place to which persons
221	221	habitually go for the following purposes and who knowingly
222	222	tolerates the activity and furthermore fails to make reasonable
223	223	attempts to abate the activity maintains a common nuisance:
224	224	(1) discharge of a firearm in a public place as
225	225	prohibited by the Penal Code;
226	226	(2) reckless discharge of a firearm as prohibited by
227	227	the Penal Code;
228	228	(3) engaging in organized criminal activity as a
229	229	member of a combination as prohibited by the Penal Code;
230	230	(4) delivery, possession, manufacture, or use of a
231	231	substance or other item in violation of Chapter 481, Health and
232	232	Safety Code;
233	233	(5) gambling, gambling promotion, or communicating
234	234	gambling information as prohibited by the Penal Code;
235	235	(6) prostitution, promotion of prostitution, or
236	236	aggravated promotion of prostitution as prohibited by the Penal
237	237	Code;
238	238	(7) compelling prostitution as prohibited by the Penal
239	239	Code;
240	240	(8) commercial manufacture, commercial distribution,
241	241	or commercial exhibition of obscene material as prohibited by the
242	242	Penal Code;
243	243	(9) aggravated assault as described by Section 22.02,
244	244	Penal Code;
245	245	(10) sexual assault as described by Section 22.011,
246	246	Penal Code;
247	247	(11) aggravated sexual assault as described by Section
248	248	22.021, Penal Code;
249	249	(12) robbery as described by Section 29.02, Penal
250	250	Code;
251	251	(13) aggravated robbery as described by Section 29.03,
252	252	Penal Code;
253	253	(14) unlawfully carrying a weapon as described by
254	254	Section 46.02, Penal Code, or unlawfully carrying a firearm as
255	255	described by Section 46.03 or 46.035, Penal Code;
256	256	(15) murder as described by Section 19.02, Penal Code;
257	257	(16) capital murder as described by Section 19.03,
258	258	Penal Code;
259	259	(17) continuous sexual abuse of young child or
260	260	children as described by Section 21.02, Penal Code;
261	261	(18) massage therapy or other massage services in
262	262	violation of Chapter 455, Occupations Code;
263	263	(19) employing a minor at a sexually oriented business
264	264	as defined by Section 243.002, Local Government Code;
265	265	(20) trafficking of persons as described by Section
266	266	20A.02, Penal Code;
267	267	(21) sexual conduct or performance by a child as
268	268	described by Section 43.25, Penal Code;
269	269	(22) employment harmful to a child as described by
270	270	Section 43.251, Penal Code;
271	271	(23) criminal trespass as described by Section 30.05,
272	272	Penal Code;
273	273	(24) disorderly conduct as described by Section 42.01,
274	274	Penal Code;
275	275	(25) arson as described by Section 28.02, Penal Code;
276	276	(26) criminal mischief as described by Section 28.03,
277	277	Penal Code, that causes a pecuniary loss of $500 or more; or
278	278	(27) a graffiti offense in violation of Section 28.08,
279	279	Penal Code.
280	280	SECTION 8. Section 37.005(c), Education Code, is amended to
281	281	read as follows:
282	282	(c) A student who is enrolled in a grade level below grade
283	283	three may not be placed in out-of-school suspension unless while on
284	284	school property or while attending a school-sponsored or
285	285	school-related activity on or off of school property, the student
286	286	engages in:
287	287	(1) conduct that contains the elements of an offense
288	288	related to weapons under Section 46.02 or 46.05, Penal Code, or to
289	289	firearms under Section 46.03 or 46.035, Penal Code;
290	290	(2) conduct that contains the elements of a violent
291	291	offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
292	292	or
293	293	(3) selling, giving, or delivering to another person
294	294	or possessing, using, or being under the influence of any amount of:
295	295	(A) marihuana or a controlled substance, as
296	296	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
297	297	Section 801 et seq.;
298	298	(B) a dangerous drug, as defined by Chapter 483,
299	299	Health and Safety Code; or
300	300	(C) an alcoholic beverage, as defined by Section
301	301	1.04, Alcoholic Beverage Code.
302	302	SECTION 9. Section 37.007(a), Education Code, is amended to
303	303	read as follows:
304	304	(a) Except as provided by Subsection (k), a student shall be
305	305	expelled from a school if the student, on school property or while
306	306	attending a school-sponsored or school-related activity on or off
307	307	of school property:
308	308	(1) engages in conduct that contains the elements of
309	309	[the offense of unlawfully carrying weapons under Section 46.02,
310	310	Penal Code, or elements of] an offense relating to [prohibited]
311	311	weapons under Section 46.02 or 46.05, Penal Code, or to firearms
312	312	under Section 46.03 or 46.035, Penal Code;
313	313	(2) engages in conduct that contains the elements of
314	314	the offense of:
315	315	(A) aggravated assault under Section 22.02,
316	316	Penal Code, sexual assault under Section 22.011, Penal Code, or
317	317	aggravated sexual assault under Section 22.021, Penal Code;
318	318	(B) arson under Section 28.02, Penal Code;
319	319	(C) murder under Section 19.02, Penal Code,
320	320	capital murder under Section 19.03, Penal Code, or criminal
321	321	attempt, under Section 15.01, Penal Code, to commit murder or
322	322	capital murder;
323	323	(D) indecency with a child under Section 21.11,
324	324	Penal Code;
325	325	(E) aggravated kidnapping under Section 20.04,
326	326	Penal Code;
327	327	(F) aggravated robbery under Section 29.03,
328	328	Penal Code;
329	329	(G) manslaughter under Section 19.04, Penal
330	330	Code;
331	331	(H) criminally negligent homicide under Section
332	332	19.05, Penal Code; or
333	333	(I) continuous sexual abuse of young child or
334	334	children under Section 21.02, Penal Code; or
335	335	(3) engages in conduct specified by Section
336	336	37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
337	337	SECTION 10. Section 51.220(g), Education Code, is amended
338	338	to read as follows:
339	339	(g) A public junior college employee's status as a school
340	340	marshal becomes inactive on:
341	341	(1) expiration of the employee's school marshal
342	342	license under Section 1701.260, Occupations Code;
343	343	(2) suspension or revocation of the employee's license
344	344	to carry a [concealed] handgun issued under Subchapter H, Chapter
345	345	411, Government Code;
346	346	(3) termination of the employee's employment with the
347	347	public junior college; or
348	348	(4) notice from the governing board of the public
349	349	junior college that the employee's services as school marshal are
350	350	no longer required.
351	351	SECTION 11. Section 231.302(c-1), Family Code, is amended
352	352	to read as follows:
353	353	(c-1) For purposes of issuing a license to carry a
354	354	[concealed] handgun under Subchapter H, Chapter 411, Government
355	355	Code, the Department of Public Safety is not required to request,
356	356	and an applicant is not required to provide, the applicant's social
357	357	security number.
358	358	SECTION 12. The heading to Subchapter H, Chapter 411,
359	359	Government Code, is amended to read as follows:
360	360	SUBCHAPTER H. LICENSE TO CARRY [A] HANDGUN AND OTHER PROVISIONS
361	361	RELATING TO CARRYING OF FIREARMS
362	362	SECTION 13. Section 411.179(c), Government Code, is amended
363	363	to read as follows:
364	364	(c) In adopting the form of the license under Subsection
365	365	(a), the department shall establish a procedure for the license of a
366	366	qualified handgun instructor or of the attorney general or a judge,
367	367	justice, United States attorney, assistant United States attorney,
368	368	assistant attorney general, prosecuting attorney, or assistant
369	369	prosecuting attorney, as described by Section 46.15(a)(4), (6),
370	370	[or] (7), or (11), Penal Code, to indicate on the license the
371	371	license holder's status as a qualified handgun instructor or as the
372	372	attorney general or a judge, justice, United States attorney,
373	373	assistant United States attorney, assistant attorney general,
374	374	prosecuting [district] attorney, or assistant prosecuting
375	375	[criminal district] attorney[, or county attorney]. In
376	376	establishing the procedure, the department shall require
377	377	sufficient documentary evidence to establish the license holder's
378	378	status under this subsection.
379	379	SECTION 14. Section 411.190(c), Government Code, is amended
380	380	to read as follows:
381	381	(c) In the manner applicable to a person who applies for a
382	382	license to carry a handgun, the department shall conduct a
383	383	background check of a person who applies for certification as a
384	384	qualified handgun instructor or approved online course provider.
385	385	If the background check indicates that the applicant for
386	386	certification would not qualify to receive a handgun license, the
387	387	department may not certify the applicant as a qualified handgun
388	388	instructor or approved online course provider. If the background
389	389	check indicates that the applicant for certification would qualify
390	390	to receive a handgun license, the department shall provide handgun
391	391	instructor or online course provider training to the applicant.
392	392	The applicant shall pay a fee of $100 to the department for the
393	393	training. The applicant must take and successfully complete the
394	394	training offered by the department and pay the training fee before
395	395	the department may certify the applicant as a qualified handgun
396	396	instructor or approved online course provider. The department
397	397	shall issue a license to carry a handgun under [the authority of]
398	398	this subchapter to any person who is certified as a qualified
399	399	handgun instructor or approved online course provider and who pays
400	400	to the department a fee of $40 in addition to the training fee. The
401	401	department by rule may prorate or waive the training fee for an
402	402	employee of another governmental entity.
403	403	SECTION 15. Sections 411.201(c), (e), and (h), Government
404	404	Code, are amended to read as follows:
405	405	(c) An active judicial officer is eligible for a license to
406	406	carry a handgun under [the authority of] this subchapter. A retired
407	407	judicial officer is eligible for a license to carry a handgun under
408	408	[the authority of] this subchapter if the officer:
409	409	(1) has not been convicted of a felony;
410	410	(2) has not, in the five years preceding the date of
411	411	application, been convicted of a Class A or Class B misdemeanor or
412	412	equivalent offense;
413	413	(3) is not charged with the commission of a Class A or
414	414	Class B misdemeanor or equivalent offense or of a felony under an
415	415	information or indictment;
416	416	(4) is not a chemically dependent person; and
417	417	(5) is not a person of unsound mind.
418	418	(e) On receipt of all the application materials required by
419	419	this section, the department shall:
420	420	(1) if the applicant is an active judicial officer,
421	421	issue a license to carry a handgun under [the authority of] this
422	422	subchapter; or
423	423	(2) if the applicant is a retired judicial officer,
424	424	conduct an appropriate background investigation to determine the
425	425	applicant's eligibility for the license and, if the applicant is
426	426	eligible, issue a license to carry a handgun under [the authority
427	427	of] this subchapter.
428	428	(h) The department shall issue a license to carry a handgun
429	429	under [the authority of] this subchapter to a United States
430	430	attorney or an assistant United States attorney, or to an attorney
431	431	elected or employed to represent the state in the prosecution of
432	432	felony cases, who meets the requirements of this section for an
433	433	active judicial officer. The department shall waive any fee
434	434	required for the issuance of an original, duplicate, or renewed
435	435	license under this subchapter for an applicant who is a United
436	436	States attorney or an assistant United States attorney or who is an
437	437	attorney elected or employed to represent the state in the
438	438	prosecution of felony cases.
439	439	SECTION 16. Section 411.203, Government Code, is amended to
440	440	read as follows:
441	441	Sec. 411.203. RIGHTS OF EMPLOYERS. (a) This subchapter
442	442	does not prevent or otherwise limit the right of a public or private
443	443	employer to prohibit any persons, including persons who are
444	444	licensed under this subchapter, from carrying a handgun or other
445	445	firearm on the premises of the business.
446	446	(b) In this section, "premises" has the meaning assigned by
447	447	Section 46.035(f) [46.035(f)(3)], Penal Code.
448	448	SECTION 17. Section 411.204(c), Government Code, is amended
449	449	to read as follows:
450	450	(c) The sign required under Subsections (a) and (b) must
451	451	give notice in both English and Spanish that it is unlawful for a
452	452	person, regardless of whether the person is licensed under this
453	453	subchapter, to carry a handgun on the premises. The sign must
454	454	appear in contrasting colors with block letters at least one inch in
455	455	height and must include on its face the number "51" printed in solid
456	456	red at least five inches in height. The sign shall be displayed in a
457	457	conspicuous manner clearly visible to the public.
458	458	SECTION 18. Section 411.205, Government Code, is amended to
459	459	read as follows:
460	460	Sec. 411.205. REQUIREMENT TO DISPLAY IDENTIFICATION AND
461	461	HANDGUN LICENSE. If a person [license holder] is carrying a handgun
462	462	[on or about the license holder's person] when a magistrate or a
463	463	peace officer demands that the person [license holder] display
464	464	identification, the person [license holder] shall display [both]
465	465	the person's [license holder's] driver's license or identification
466	466	certificate issued by the department or other proof of identity. If
467	467	the person is a license holder under this subchapter and is carrying
468	468	the person's handgun license, the person also shall display [and]
469	469	the person's [license holder's] handgun license.
470	470	SECTION 19. The heading to Section 411.206, Government
471	471	Code, is amended to read as follows:
472	472	Sec. 411.206. SEIZURE OF HANDGUN AND HANDGUN LICENSE.
473	473	SECTION 20. Sections 411.206(a) and (c), Government Code,
474	474	are amended to read as follows:
475	475	(a) If a peace officer arrests and takes into custody a
476	476	person [license holder] who is carrying a handgun [under the
477	477	authority of this subchapter], the officer shall seize the person's
478	478	[license holder's] handgun. The peace officer also shall seize the
479	479	person's handgun [and] license as evidence if the person holds a
480	480	handgun license under this subchapter and is carrying the license
481	481	at the time of the arrest.
482	482	(c) Any judgment of conviction entered by any court for an
483	483	offense under Section 46.035, Penal Code, must contain the handgun
484	484	license number of the convicted person, if the person is a handgun
485	485	license holder. A certified copy of the judgment is conclusive and
486	486	sufficient evidence to justify revocation of a license under
487	487	Section 411.186(a)(4).
488	488	SECTION 21. Sections 411.207(a), (b), and (c), Government
489	489	Code, are amended to read as follows:
490	490	(a) A peace officer who is acting in the lawful discharge of
491	491	the officer's official duties may disarm a person, including a
492	492	license holder, who is carrying a handgun at any time the officer
493	493	reasonably believes it is necessary for the protection of the
494	494	person [license holder], officer, or another individual. The peace
495	495	officer shall return the handgun to the person [license holder]
496	496	before discharging the person [license holder] from the scene if
497	497	the officer determines that the person:
498	498	(1) [license holder] is not a threat to the officer,
499	499	the person [license holder], or another individual;
500	500	(2) [and if the license holder] has not violated any
501	501	provision of this subchapter or committed any other violation that
502	502	results in the arrest of the person; and
503	503	(3) is not prohibited by law from carrying a handgun
504	504	[license holder].
505	505	(b) A peace officer who is acting in the lawful discharge of
506	506	the officer's official duties may [temporarily] disarm a person
507	507	only temporarily, regardless of whether the person is a license
508	508	holder, when the person [a license holder] enters a nonpublic,
509	509	secure portion of a law enforcement facility. The[, if the] law
510	510	enforcement agency shall provide [provides] a gun locker where the
511	511	peace officer can secure the person's [license holder's] handgun.
512	512	The peace officer shall secure the handgun in the locker and shall
513	513	return the handgun to the person [license holder] immediately after
514	514	the person [license holder] leaves the nonpublic, secure portion of
515	515	the law enforcement facility.
516	516	(c) A law enforcement facility shall prominently display at
517	517	each entrance to a nonpublic, secure portion of the facility a sign
518	518	that gives notice in both English and Spanish that, under this
519	519	section, a peace officer may temporarily disarm a person,
520	520	regardless of whether the person is a license holder, when the
521	521	person [license holder] enters the nonpublic, secure portion of the
522	522	facility. The sign must appear in contrasting colors with block
523	523	letters at least one inch in height. The sign shall be displayed in
524	524	a clearly visible and conspicuous manner.
525	525	SECTION 22. Section 411.209(a), Government Code, is amended
526	526	to read as follows:
527	527	(a) Except as provided by Subsection (i), a state agency or
528	528	a political subdivision of the state may not take any action,
529	529	including an action consisting of the provision of notice by a
530	530	communication described by Section 30.06 or 30.07, Penal Code, that
531	531	states or implies that a license holder who is carrying a handgun
532	532	under [the authority of] this subchapter is prohibited from
533	533	entering or remaining on a premises or other place owned or leased
534	534	by the governmental entity unless license holders are prohibited
535	535	from carrying a handgun on the premises or other place by Section
536	536	46.03 or 46.035, Penal Code, or other law.
537	537	SECTION 23. Section 12.092(b), Health and Safety Code, is
538	538	amended to read as follows:
539	539	(b) The medical advisory board shall assist the Department
540	540	of Public Safety of the State of Texas in determining whether:
541	541	(1) an applicant for a driver's license or a license
542	542	holder is capable of safely operating a motor vehicle; or
543	543	(2) an applicant for or holder of a license to carry a
544	544	handgun under [the authority of] Subchapter H, Chapter 411,
545	545	Government Code, or an applicant for or holder of a commission as a
546	546	security officer under Chapter 1702, Occupations Code, is capable
547	547	of exercising sound judgment with respect to the proper use and
548	548	storage of a handgun.
549	549	SECTION 24. Section 42.042(e-2), Human Resources Code, is
550	550	amended to read as follows:
551	551	(e-2) The department may not prohibit the foster parent of a
552	552	child who resides in the foster family's home from transporting the
553	553	child in a vehicle where a handgun is present if the handgun is in
554	554	the possession and control of the foster parent and the foster
555	555	parent is not prohibited by state or federal law from carrying the
556	556	handgun [licensed to carry the handgun under Subchapter H, Chapter
557	557	411, Government Code].
558	558	SECTION 25. Section 52.061, Labor Code, is amended to read
559	559	as follows:
560	560	Sec. 52.061. RESTRICTION ON PROHIBITING EMPLOYEE ACCESS TO
561	561	OR STORAGE OF FIREARM OR AMMUNITION. A public or private employer
562	562	may not prohibit an employee who is not otherwise prohibited by
563	563	state or federal law from possessing [holds a license to carry a
564	564	handgun under Subchapter H, Chapter 411, Government Code, who
565	565	otherwise lawfully possesses] a firearm[,] or [who lawfully
566	566	possesses] ammunition from transporting or storing a firearm or
567	567	ammunition [the employee is authorized by law to possess] in a
568	568	locked, privately owned motor vehicle in a parking lot, parking
569	569	garage, or other parking area the employer provides for employees.
570	570	SECTION 26. Section 52.062(a), Labor Code, is amended to
571	571	read as follows:
572	572	(a) Section 52.061 does not:
573	573	(1) authorize a person who is not otherwise prohibited
574	574	by state or federal law from possessing [holds a license to carry a
575	575	handgun under Subchapter H, Chapter 411, Government Code, who
576	576	otherwise lawfully possesses] a firearm[,] or [who lawfully
577	577	possesses] ammunition to possess a firearm or ammunition on any
578	578	property where the possession of a firearm or ammunition is
579	579	prohibited by state or federal law; or
580	580	(2) apply to:
581	581	(A) a vehicle owned or leased by a public or
582	582	private employer and used by an employee in the course and scope of
583	583	the employee's employment, unless the employee is required to
584	584	transport or store a firearm in the official discharge of the
585	585	employee's duties;
586	586	(B) a school district;
587	587	(C) an open-enrollment charter school, as
588	588	defined by Section 5.001, Education Code;
589	589	(D) a private school, as defined by Section
590	590	22.081, Education Code;
591	591	(E) property owned or controlled by a person,
592	592	other than the employer, that is subject to a valid, unexpired oil,
593	593	gas, or other mineral lease that contains a provision prohibiting
594	594	the possession of firearms on the property; or
595	595	(F) property owned or leased by a chemical
596	596	manufacturer or oil and gas refiner with an air authorization under
597	597	Chapter 382, Health and Safety Code, and on which the primary
598	598	business conducted is the manufacture, use, storage, or
599	599	transportation of hazardous, combustible, or explosive materials,
600	600	except in regard to an employee who is not otherwise prohibited by
601	601	state or federal law from possessing a firearm or ammunition [holds
602	602	a license to carry a handgun under Subchapter H, Chapter 411,
603	603	Government Code,] and [who] stores the [a] firearm or ammunition
604	604	[the employee is authorized by law to possess] in a locked,
605	605	privately owned motor vehicle in a parking lot, parking garage, or
606	606	other parking area the employer provides for employees that is
607	607	outside of a secured and restricted area:
608	608	(i) that contains the physical plant;
609	609	(ii) that is not open to the public; and
610	610	(iii) the ingress into which is constantly
611	611	monitored by security personnel.
612	612	SECTION 27. Section 191.010(a), Local Government Code, is
613	613	amended to read as follows:
614	614	(a) In this section, "photo identification" means one of the
615	615	following forms of photo identification:
616	616	(1) a driver's license, election identification
617	617	certificate, or personal identification card issued to the person
618	618	by any state or territory of the United States that has not expired
619	619	or that expired no earlier than 60 days before the date of
620	620	presentation;
621	621	(2) a United States military identification card that
622	622	contains the person's photograph that has not expired or that
623	623	expired no earlier than 60 days before the date of presentation;
624	624	(3) a United States citizenship certificate issued to
625	625	the person that contains the person's photograph;
626	626	(4) a United States Permanent Resident Card that has
627	627	not expired or that expired no earlier than 60 days before the date
628	628	of presentation;
629	629	(5) an identification card issued by a municipality
630	630	intended to serve as a general identification card for the holder
631	631	that has not expired or that expired no earlier than 60 days before
632	632	the date of presentation;
633	633	(6) a federally recognized tribal enrollment card or
634	634	other form of tribal identification that has not expired or that
635	635	expired no earlier than 60 days before the date of presentation;
636	636	(7) a United States passport or a passport issued by a
637	637	foreign government recognized by the United States issued to the
638	638	person that has not expired or that expired no earlier than 60 days
639	639	before the date of presentation; or
640	640	(8) a license to carry a [concealed] handgun issued to
641	641	the person by the Department of Public Safety that has not expired
642	642	or that expired no earlier than 60 days before the date of
643	643	presentation.
644	644	SECTION 28. Section 229.001(b), Local Government Code, is
645	645	amended to read as follows:
646	646	(b) Subsection (a) does not affect the authority a
647	647	municipality has under another law to:
648	648	(1) require residents or public employees to be armed
649	649	for personal or national defense, law enforcement, or another
650	650	lawful purpose;
651	651	(2) regulate the discharge of firearms or air guns
652	652	within the limits of the municipality, other than at a sport
653	653	shooting range;
654	654	(3) except as provided by Subsection (b-1), adopt or
655	655	enforce a generally applicable zoning ordinance, land use
656	656	regulation, fire code, or business ordinance;
657	657	(4) regulate the use of firearms, air guns, or knives
658	658	in the case of an insurrection, riot, or natural disaster if the
659	659	municipality finds the regulations necessary to protect public
660	660	health and safety;
661	661	(5) regulate the storage or transportation of
662	662	explosives to protect public health and safety, except that 25
663	663	pounds or less of black powder for each private residence and 50
664	664	pounds or less of black powder for each retail dealer are not
665	665	subject to regulation;
666	666	(6) regulate the carrying of an air gun or [a] firearm,
667	667	[or air gun by a person] other than a [person licensed to carry a]
668	668	handgun carried by a person not prohibited by state or federal law
669	669	from carrying the handgun [under Subchapter H, Chapter 411,
670	670	Government Code], at a:
671	671	(A) public park;
672	672	(B) public meeting of a municipality, county, or
673	673	other governmental body;
674	674	(C) political rally, parade, or official
675	675	political meeting; or
676	676	(D) nonfirearms-related school, college, or
677	677	professional athletic event;
678	678	(7) regulate the carrying of a firearm by a person
679	679	licensed to carry a handgun under Subchapter H, Chapter 411,
680	680	Government Code, in accordance with Section 411.209, Government
681	681	Code;
682	682	(8) regulate the hours of operation of a sport
683	683	shooting range, except that the hours of operation may not be more
684	684	limited than the least limited hours of operation of any other
685	685	business in the municipality other than a business permitted or
686	686	licensed to sell or serve alcoholic beverages for on-premises
687	687	consumption;
688	688	(9) regulate the carrying of an air gun by a minor on:
689	689	(A) public property; or
690	690	(B) private property without consent of the
691	691	property owner; or
692	692	(10) except as provided by Subsection (d-1), regulate
693	693	or prohibit an employee's carrying or possession of a firearm,
694	694	firearm accessory, or ammunition in the course of the employee's
695	695	official duties.
696	696	SECTION 29. Sections 62.082(d) and (e), Parks and Wildlife
697	697	Code, are amended to read as follows:
698	698	(d) Section 62.081 does not apply to:
699	699	(1) an employee of the Lower Colorado River Authority;
700	700	(2) a person authorized to hunt under Subsection (c);
701	701	(3) a peace officer as defined by Article 2.12, Code of
702	702	Criminal Procedure; or
703	703	(4) a person who:
704	704	(A) is lawfully carrying [possesses] a handgun
705	705	[and a license issued under Subchapter H, Chapter 411, Government
706	706	Code, to carry a handgun]; or
707	707	(B) under circumstances in which the person would
708	708	be justified in the use of deadly force under Chapter 9, Penal Code,
709	709	shoots a handgun [the person is licensed to carry under Subchapter
710	710	H, Chapter 411, Government Code].
711	711	(e) A state agency, including the department, the
712	712	Department of Public Safety, and the Lower Colorado River
713	713	Authority, may not adopt a rule that prohibits a person who is not
714	714	prohibited by state or federal law from carrying a handgun
715	715	[possesses a license issued under Subchapter H, Chapter 411,
716	716	Government Code,] from entering or crossing the land of the Lower
717	717	Colorado River Authority while:
718	718	(1) carrying [possessing] a handgun; or
719	719	(2) under circumstances in which the person would be
720	720	justified in the use of deadly force under Chapter 9, Penal Code,
721	721	shooting a handgun.
722	722	SECTION 30. Section 284.001(e), Parks and Wildlife Code, is
723	723	amended to read as follows:
724	724	(e) This section does not limit a person's [the] ability [of
725	725	a license holder] to carry a handgun [under the authority of
726	726	Subchapter H, Chapter 411, Government Code].
727	727	SECTION 31. Section 287.001(e), Parks and Wildlife Code, is
728	728	amended to read as follows:
729	729	(e) This section does not limit a person's [the] ability [of
730	730	a license holder] to carry a [concealed] handgun [under the
731	731	authority of Subchapter H, Chapter 411, Government Code].
732	732	SECTION 32. Section 9.31(b), Penal Code, is amended to read
733	733	as follows:
734	734	(b) The use of force against another is not justified:
735	735	(1) in response to verbal provocation alone;
736	736	(2) to resist an arrest or search that the actor knows
737	737	is being made by a peace officer, or by a person acting in a peace
738	738	officer's presence and at his direction, even though the arrest or
739	739	search is unlawful, unless the resistance is justified under
740	740	Subsection (c);
741	741	(3) if the actor consented to the exact force used or
742	742	attempted by the other;
743	743	(4) if the actor provoked the other's use or attempted
744	744	use of unlawful force, unless:
745	745	(A) the actor abandons the encounter, or clearly
746	746	communicates to the other his intent to do so reasonably believing
747	747	he cannot safely abandon the encounter; and
748	748	(B) the other nevertheless continues or attempts
749	749	to use unlawful force against the actor; or
750	750	(5) if the actor sought an explanation from or
751	751	discussion with the other person concerning the actor's differences
752	752	with the other person while the actor was:
753	753	(A) carrying a weapon in violation of Section
754	754	46.02 or a firearm in violation of Section 46.03 or 46.035; or
755	755	(B) possessing or transporting a weapon in
756	756	violation of Section 46.05.
757	757	SECTION 33. Section 30.05, Penal Code, is amended by
758	758	amending Subsections (d) and (f) and adding Subsections (d-3) and
759	759	(d-4) to read as follows:
760	760	(d) Subject to Subsections (d-3) and (d-4), an [An] offense
761	761	under this section is:
762	762	(1) a Class B misdemeanor, except as provided by
763	763	Subdivisions (2) and (3);
764	764	(2) a Class C misdemeanor, except as provided by
765	765	Subdivision (3), if the offense is committed:
766	766	(A) on agricultural land and within 100 feet of
767	767	the boundary of the land; or
768	768	(B) on residential land and within 100 feet of a
769	769	protected freshwater area; and
770	770	(3) a Class A misdemeanor if:
771	771	(A) the offense is committed:
772	772	(i) in a habitation or a shelter center;
773	773	(ii) on a Superfund site; or
774	774	(iii) on or in a critical infrastructure
775	775	facility;
776	776	(B) the offense is committed on or in property of
777	777	an institution of higher education and it is shown on the trial of
778	778	the offense that the person has previously been convicted of:
779	779	(i) an offense under this section relating
780	780	to entering or remaining on or in property of an institution of
781	781	higher education; or
782	782	(ii) an offense under Section 51.204(b)(1),
783	783	Education Code, relating to trespassing on the grounds of an
784	784	institution of higher education; or
785	785	(C) the person carries a deadly weapon during the
786	786	commission of the offense.
787	787	(d-3) An offense under this section is a Class C misdemeanor
788	788	punishable by a fine not to exceed $200 if:
789	789	(1) the sole basis on which entry on the property or
790	790	land or in the building was forbidden is that entry with a firearm
791	791	was forbidden; and
792	792	(2) the person was carrying in a concealed manner or in
793	793	a holster a handgun that the person was not prohibited by state or
794	794	federal law from carrying at the time of the offense.
795	795	(d-4) An offense under this section is a Class A misdemeanor
796	796	if:
797	797	(1) the sole basis on which entry on the property or
798	798	land or in the building was forbidden is that entry with a firearm
799	799	was forbidden;
800	800	(2) the person was carrying in a concealed manner or in
801	801	a holster a handgun that the person was not prohibited by state or
802	802	federal law from carrying at the time of the offense; and
803	803	(3) it is shown on the trial of the offense that, after
804	804	entering the property, land, or building, the actor was personally
805	805	given notice by oral communication that entry with a firearm was
806	806	forbidden and subsequently failed to depart.
807	807	(f) It is a defense to prosecution under this section that:
808	808	(1) the sole basis on which entry on the property or
809	809	land or in the building was forbidden is that entry with a firearm
810	810	[handgun] was forbidden; and
811	811	(2) at the time of the offense the person was carrying:
812	812	(A) a license issued under Subchapter H, Chapter
813	813	411, Government Code, to carry a handgun; and
814	814	(B) a handgun:
815	815	(i) in a concealed manner; or
816	816	(ii) in a [shoulder or belt] holster.
817	817	SECTION 34. Section 30.07(f), Penal Code, is amended to
818	818	read as follows:
819	819	(f) It is not a defense to prosecution under this section
820	820	that the handgun was carried in a [shoulder or belt] holster.
821	821	SECTION 35. The following provisions are repealed:
822	822	(1) Section 11.041, Alcoholic Beverage Code;
823	823	(2) Section 11.61(e), Alcoholic Beverage Code;
824	824	(3) Section 61.11, Alcoholic Beverage Code;
825	825	(4) Section 61.71(f), Alcoholic Beverage Code;
826	826	(5) Section 411.204(d), Government Code;
827	827	(6) Section 46.035(h-1), Penal Code, as added by
828	828	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
829	829	Session, 2007; and
830	830	(7) Section 46.035(h-1), Penal Code, as added by
831	831	Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
832	832	Session, 2007.
833	833	SECTION 36. The change in law made by this Act relating to
834	834	the carrying of a handgun applies to the carrying of a handgun on or
835	835	after the effective date of this Act by a person described by
836	836	Section 46.15(m), Penal Code, as added by this Act.
837	837	SECTION 37. The changes in law made by this Act apply only
838	838	to an offense committed on or after the effective date of this Act.
839	839	An offense committed before the effective date of this Act is
840	840	governed by the law in effect when the offense was committed, and
841	841	the former law is continued in effect for that purpose. For
842	842	purposes of this section, an offense was committed before the
843	843	effective date of this Act if any element of the offense occurred
844	844	before that date.
845	845	SECTION 38. This Act takes effect September 1, 2021.