87R16839 JSC-F
By: Schaefer, White, Hefner, Guillen, H.B. No. 1927
Canales, et al.
Substitute the following for H.B. No. 1927:
By: White C.S.H.B. No. 1927
A BILL TO BE ENTITLED
AN ACT
relating to provisions governing the carrying of a firearm by a
person who is 21 years of age or older and not otherwise prohibited
by state or federal law from possessing the firearm and to other
provisions related to the carrying, possessing, transporting, or
storing of a firearm or other weapon; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Firearm Carry Act
of 2021.
SECTION 2. The Legislature of the State of Texas finds that:
(1) The Second Amendment of the United States
Constitution protects an individual right to keep and bear arms,
and to possess a firearm unconnected with service in a militia, and
to use that firearm for traditionally lawful purposes, such as
self-defense within the home;
(2) Section 23, Article I, of the Texas Constitution
secures for Texas citizens the right to keep and bear arms;
(3) persons who are currently prohibited from
possessing firearms under state and federal law will not gain the
right to possess or carry a firearm under this legislation; and
(4) persons who are currently prohibited from
possessing a firearm include: persons convicted of a felony as
described by the provisions of Section 46.04, Penal Code, persons
convicted of certain assault offenses under Section 22.01, Penal
Code, punishable as a Class A misdemeanor and involving a member of
the person's family or household, certain persons who are the
subject of a protective order under Section 46.04(c), Penal Code,
and persons meeting any of the criteria listed in 18 U.S.C. Section
922(g), including persons adjudicated to be mentally incompetent.
SECTION 3. Article 14.03, Code of Criminal Procedure, is
amended by adding Subsection (h) to read as follows:
(h)(1) A peace officer who is acting in the lawful discharge
of the officer's official duties may disarm a person at any time the
officer reasonably believes it is necessary for the protection of
the person, officer, or another individual. The peace officer
shall return the weapon to the person before discharging the person
from the scene if the officer determines that the person is not a
threat to the officer, person, or another individual and if the
person has not committed a violation that results in the arrest of
the person.
(2) A peace officer who is acting in the lawful
discharge of the officer's official duties may temporarily disarm a
person when the person enters a nonpublic, secure portion of a law
enforcement facility, if the law enforcement agency provides a
weapons locker where the peace officer can secure the person's
weapon. The peace officer shall secure the weapon in the locker and
shall return the weapon to the person immediately after the person
leaves the nonpublic, secure portion of the law enforcement
facility.
(3) For purposes of this subsection, "law enforcement
facility" and "nonpublic, secure portion of a law enforcement
facility" have the meanings assigned by Section 411.207, Government
Code.
SECTION 4. Section 37.0815(b), Education Code, is amended
to read as follows:
(b) This section does not authorize a person to possess,
transport, or store a handgun, a firearm, or ammunition in
violation of Section 37.125 of this code, Section 46.03 [or
46.035], Penal Code, or other law.
SECTION 5. Sections 411.186(a), (c), and (d), Government
Code, are amended to read as follows:
(a) The department shall revoke a license under this section
if the license holder:
(1) was not entitled to the license at the time it was
issued;
(2) made a material misrepresentation or failed to
disclose a material fact in an application submitted under this
subchapter;
(3) subsequently becomes ineligible for a license
under Section 411.172, unless the sole basis for the ineligibility
is that the license holder is charged with the commission of a Class
A or Class B misdemeanor or equivalent offense, or of an offense
under Section 42.01, Penal Code, or equivalent offense, or of a
felony under an information or indictment;
(4) [is convicted of an offense under Section 46.035,
Penal Code;
[(5)] is determined by the department to have engaged
in conduct constituting a reason to suspend a license listed in
Section 411.187(a) after the person's license has been previously
suspended twice for the same reason; or
(5) [(6)] submits an application fee that is
dishonored or reversed if the applicant fails to submit a cashier's
check or money order made payable to the "Department of Public
Safety of the State of Texas" in the amount of the dishonored or
reversed fee, plus $25, within 30 days of being notified by the
department that the fee was dishonored or reversed.
(c) A license holder whose license is revoked for a reason
listed in Subsections (a)(1)-(4) [(a)(1)-(5)] may reapply as a new
applicant for the issuance of a license under this subchapter after
the second anniversary of the date of the revocation if the cause
for revocation does not exist on the date of the second anniversary.
If the cause for revocation exists on the date of the second
anniversary after the date of revocation, the license holder may
not apply for a new license until the cause for revocation no longer
exists and has not existed for a period of two years.
(d) A license holder whose license is revoked under
Subsection (a)(5) [(a)(6)] may reapply for an original or renewed
license at any time, provided the application fee and a dishonored
payment charge of $25 is paid by cashier's check or money order made
payable to the "Texas Department of Public Safety."
SECTION 6. Section 411.203, Government Code, is amended to
read as follows:
Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does
not prevent or otherwise limit the right of a public or private
employer to prohibit persons who are licensed under this subchapter
from carrying a handgun on the premises of the business. In this
section, "premises" has the meaning assigned by Section 46.03
[46.035(f)(3)], Penal Code.
SECTION 7. Section 411.2031(a)(3), Government Code, is
amended to read as follows:
(3) "Premises" has the meaning assigned by Section
46.03 [46.035], Penal Code.
SECTION 8. Sections 411.209(a) and (j), Government Code,
are amended to read as follows:
(a) Except as provided by Subsection (i), a state agency or
a political subdivision of the state may not take any action,
including an action consisting of the provision of notice by a
communication described by Section 30.06 or 30.07, Penal Code, that
states or implies that a license holder who is carrying a handgun
under the authority of this subchapter is prohibited from entering
or remaining on a premises or other place owned or leased by the
governmental entity unless license holders are prohibited from
carrying a handgun on the premises or other place by Section 46.03
[or 46.035], Penal Code, or other law.
(j) In this section, "premises" has the meaning assigned by
Section 46.03 [46.035], Penal Code.
SECTION 9. Section 552.002(a)(1), Health and Safety Code,
is amended to read as follows:
(1) "License holder" has the meaning assigned by
Section 46.03 [46.035(f)], Penal Code.
SECTION 10. Section 773.0145(a), Health and Safety Code, is
amended to read as follows:
(a) This section applies to:
(1) an amusement park, as defined by Section 46.03
[46.035], Penal Code;
(2) a child-care facility, as defined by Section
42.002, Human Resources Code;
(3) a day camp or youth camp, as defined by Section
141.002;
(4) a private or independent institution of higher
education, as defined by Section 61.003, Education Code;
(5) a restaurant, as defined by Section 17.821,
Business & Commerce Code;
(6) a sports venue, as defined by Section 504.151,
Local Government Code;
(7) a youth center, as defined by Section 481.134; or
(8) subject to Subsection (b), any other entity that
the executive commissioner by rule designates as an entity that
would benefit from the possession and administration of epinephrine
auto-injectors.
SECTION 11. Section 52.062(b), Labor Code, is amended to
read as follows:
(b) Section 52.061 does not prohibit an employer from
prohibiting an employee who holds a license to carry a handgun under
Subchapter H, Chapter 411, Government Code, or who otherwise
lawfully possesses a firearm, from possessing a firearm the
employee is otherwise authorized by law to possess on the premises
of the employer's business. In this subsection, "premises" has the
meaning assigned by Section 46.03 [46.035(f)(3)], Penal Code.
SECTION 12. Section 30.05, Penal Code, is amended by
amending Subsections (d) and (f) and adding Subsections (d-3) and
(f-4) to read as follows:
(d) Subject to Subsection (d-3), an [An] offense under this
section is:
(1) a Class B misdemeanor, except as provided by
Subdivisions (2) and (3);
(2) a Class C misdemeanor, except as provided by
Subdivision (3), if the offense is committed:
(A) on agricultural land and within 100 feet of
the boundary of the land; or
(B) on residential land and within 100 feet of a
protected freshwater area; and
(3) a Class A misdemeanor if:
(A) the offense is committed:
(i) in a habitation or a shelter center;
(ii) on a Superfund site; or
(iii) on or in a critical infrastructure
facility;
(B) the offense is committed on or in property of
an institution of higher education and it is shown on the trial of
the offense that the person has previously been convicted of:
(i) an offense under this section relating
to entering or remaining on or in property of an institution of
higher education; or
(ii) an offense under Section 51.204(b)(1),
Education Code, relating to trespassing on the grounds of an
institution of higher education; or
(C) the person carries a deadly weapon during the
commission of the offense.
(d-3) An offense under this section is a Class C misdemeanor
punishable by a fine not to exceed $200 if the person enters the
property, land, or building with a firearm or other weapon and the
sole basis on which entry on the property or land or in the building
was forbidden is that entry with a firearm or other weapon was
forbidden, except that the offense is a Class A misdemeanor if it is
shown on the trial of the offense that, after entering the property,
land, or building with the firearm or other weapon, the actor
personally received notice by oral communication from the owner of
the property, or from another person with apparent authority to act
for the owner, that entry with a firearm or other weapon was
forbidden and subsequently failed to depart.
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or
in the building was forbidden is that entry with a handgun was
forbidden; and
(2) the person was carrying:
(A) a license issued under Subchapter H, Chapter
411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a [shoulder or belt] holster.
(f-4) It is a defense to prosecution under this section
that:
(1) the sole basis on which entry on the property or
land or in the building was forbidden is that entry with a firearm
or other weapon was forbidden; and
(2) the actor personally received notice by oral
communication from the owner of the property, or from another
person with apparent authority to act for the owner, that entry with
a firearm or other weapon was forbidden and promptly departed from
the property.
SECTION 13. Section 30.06(c)(2), Penal Code, is amended to
read as follows:
(2) "License holder" has the meaning assigned by
Section 46.03 [46.035(f)].
SECTION 14. Section 30.06(e), Penal Code, is amended to
read as follows:
(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity and is not a premises or
other place on which the license holder is prohibited from carrying
the handgun under Section 46.03 [or 46.035].
SECTION 15. Section 30.07(c)(2), Penal Code, is amended to
read as follows:
(2) "License holder" has the meaning assigned by
Section 46.03 [46.035(f)].
SECTION 16. Sections 30.07(e) and (f), Penal Code, are
amended to read as follows:
(e) It is an exception to the application of this section
that the property on which the license holder openly carries the
handgun is owned or leased by a governmental entity and is not a
premises or other place on which the license holder is prohibited
from carrying the handgun under Section 46.03 [or 46.035].
(f) It is not a defense to prosecution under this section
that the handgun was carried in a [shoulder or belt] holster.
SECTION 17. Section 46.02, Penal Code, is amended by
amending Subsections (a), (a-1), and (b) and adding Subsection
(a-5) to read as follows:
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries
on or about his or her person a handgun; [and]
(2) is younger than 21 years of age at the time of the
offense; and
(3) is not:
(A) on the person's own premises or premises
under the person's control; or
(B) inside of or directly en route to a motor
vehicle or watercraft that is owned by the person or under the
person's control.
(a-1) A person younger than 21 years of age commits an
offense if the person intentionally, knowingly, or recklessly
carries on or about his or her person a handgun in a motor vehicle or
watercraft that is owned by the person or under the person's control
at any time in which:
(1) the handgun is in plain view, unless the person is
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code, and the handgun is carried in a [shoulder or belt]
holster; or
(2) the person is:
(A) engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic or boating; or
(B) prohibited by law from possessing a firearm[;
or
[(C) a member of a criminal street gang, as
defined by Section 71.01].
(a-5) A person commits an offense if the person carries a
handgun and intentionally displays the handgun in plain view of
another person in a public place. It is an exception to the
application of this subsection that the handgun was partially or
wholly visible but was carried in a holster.
(b) Except as provided by Subsection [(c) or] (d), an
offense under this section is a Class A misdemeanor.
SECTION 18. Section 46.03, Penal Code, is amended by
amending Subsections (a), (c), (e-1), (e-2), and (g) and adding
Subsections (a-2), (a-3), (a-4), and (g-2) to read as follows:
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly possesses or goes with a firearm,
location-restricted knife, club, or prohibited weapon listed in
Section 46.05(a):
(1) on the physical premises of a school or
educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, whether the school or educational
institution is public or private, unless:
(A) pursuant to written regulations or written
authorization of the institution; or
(B) the person possesses or goes with a concealed
handgun that the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, and no other weapon to which this
section applies, on the premises of an institution of higher
education or private or independent institution of higher
education, on any grounds or building on which an activity
sponsored by the institution is being conducted, or in a passenger
transportation vehicle of the institution;
(2) on the premises of a polling place on the day of an
election or while early voting is in progress;
(3) on the premises of any government court or offices
utilized by the court, unless pursuant to written regulations or
written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; [or]
(6) within 1,000 feet of premises the location of
which is designated by the Texas Department of Criminal Justice as a
place of execution under Article 43.19, Code of Criminal Procedure,
on a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with
a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this
subsection within 1,000 feet of the premises was prohibited;
(7) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(8) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the person is a participant in the event and a
firearm, location-restricted knife, club, or prohibited weapon
listed in Section 46.05(a) is used in the event;
(9) on the premises of a correctional facility;
(10) on the premises of a civil commitment facility;
(11) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
facility licensed under Chapter 242, Health and Safety Code, unless
the person has written authorization of the hospital or nursing
facility administration, as appropriate;
(12) on the premises of a mental hospital, as defined
by Section 571.003, Health and Safety Code, unless the person has
written authorization of the mental hospital administration; or
(13) in an amusement park.
(a-2) Notwithstanding Section 46.02(a-5), a license holder
commits an offense if the license holder carries a partially or
wholly visible handgun, regardless of whether the handgun is
holstered, on or about the license holder's person under the
authority of Subchapter H, Chapter 411, Government Code, and
intentionally or knowingly displays the handgun in plain view of
another person:
(1) on the premises of an institution of higher
education or private or independent institution of higher
education; or
(2) on any public or private driveway, street,
sidewalk or walkway, parking lot, parking garage, or other parking
area of an institution of higher education or private or
independent institution of higher education.
(a-3) Notwithstanding Subsection (a) or Section 46.02(a-5),
a license holder commits an offense if the license holder carries a
handgun on the campus of a private or independent institution of
higher education in this state that has established rules,
regulations, or other provisions prohibiting license holders from
carrying handguns pursuant to Section 411.2031(e), Government
Code, or on the grounds or building on which an activity sponsored
by such an institution is being conducted, or in a passenger
transportation vehicle of such an institution, regardless of
whether the handgun is concealed, provided the institution gives
effective notice under Section 30.06.
(a-4) Notwithstanding Subsection (a) or Section 46.02(a-5),
a license holder commits an offense if the license holder
intentionally carries a concealed handgun on a portion of a
premises located on the campus of an institution of higher
education in this state on which the carrying of a concealed handgun
is prohibited by rules, regulations, or other provisions
established under Section 411.2031(d-1), Government Code, provided
the institution gives effective notice under Section 30.06 with
respect to that portion.
(c) In this section:
(1) "Amusement park" means a permanent indoor or
outdoor facility or park where amusement rides are available for
use by the public that is located in a county with a population of
more than one million, encompasses at least 75 acres in surface
area, is enclosed with access only through controlled entries, is
open for operation more than 120 days in each calendar year, and has
security guards on the premises at all times. The term does not
include any public or private driveway, street, sidewalk or
walkway, parking lot, parking garage, or other parking area.
(2) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
(3) "License holder" means a person licensed to carry
a handgun under Subchapter H, Chapter 411, Government Code.
(4) "Premises" means a building or a portion of a
building. The term does not include any public or private driveway,
street, sidewalk or walkway, parking lot, parking garage, or other
parking area.
(5) [(2) "Amusement park" and "premises" have the
meanings assigned by Section 46.035.
[(3)] "Secured area" means an area of an airport
terminal building to which access is controlled by the inspection
of persons and property under federal law.
(e-1) It is a defense to prosecution under Subsection (a)(5)
that the actor:
(1) possessed, at the screening checkpoint for the
secured area, a [concealed] handgun that the actor was licensed to
carry under Subchapter H, Chapter 411, Government Code; and
(2) exited the screening checkpoint for the secured
area immediately upon completion of the required screening
processes and notification that the actor possessed the handgun.
(e-2) A peace officer investigating conduct that may
constitute an offense under Subsection (a)(5) and that consists
only of an actor's possession of a [concealed] handgun that the
actor is licensed to carry under Subchapter H, Chapter 411,
Government Code, may not arrest the actor for the offense unless:
(1) the officer advises the actor of the defense
available under Subsection (e-1) and gives the actor an opportunity
to exit the screening checkpoint for the secured area; and
(2) the actor does not immediately exit the checkpoint
upon completion of the required screening processes.
(g) Except as provided by Subsections [Subsection] (g-1)
and (g-2), an offense under this section is a felony of the third
degree.
(g-2) A offense committed under Subsection (a)(8), (a)(10),
(a)(11), (a)(13), (a-2), (a-3), or (a-4) is a Class A misdemeanor.
SECTION 19. Section 46.04, Penal Code, is amended by adding
Subsection (a-1) and amending Subsection (e) to read as follows:
(a-1) A person who is a member of a criminal street gang, as
defined by Section 71.01, commits an offense if the person
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun in a motor vehicle or watercraft.
(e) An offense under Subsection (a) is a felony of the third
degree. An offense under Subsection (a-1), (b), or (c) is a Class A
misdemeanor.
SECTION 20. Section 46.15, Penal Code, is amended by
amending Subsections (b) and (l) and adding Subsection (m) to read
as follows:
(b) Sections [Section] 46.02 and 46.04(a-1) do [does] not
apply to a person who:
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 437.001, Government Code, or as a guard employed by a penal
institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor's
residence, motor vehicle, or watercraft, if the weapon is a type
commonly used in the activity;
(4) holds a security officer commission issued by the
Texas Private Security Board, if the person is engaged in the
performance of the person's duties as an officer commissioned under
Chapter 1702, Occupations Code, or is traveling to or from the
person's place of assignment and is wearing the officer's uniform
and carrying the officer's weapon in plain view;
(5) acts as a personal protection officer and carries
the person's security officer commission and personal protection
officer authorization, if the person:
(A) is engaged in the performance of the person's
duties as a personal protection officer under Chapter 1702,
Occupations Code, or is traveling to or from the person's place of
assignment; and
(B) is either:
(i) wearing the uniform of a security
officer, including any uniform or apparel described by Section
1702.323(d), Occupations Code, and carrying the officer's weapon in
plain view; or
(ii) not wearing the uniform of a security
officer and carrying the officer's weapon in a concealed manner;
(6) is carrying:
(A) a license issued under Subchapter H, Chapter
411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a [shoulder or belt] holster;
(7) holds an alcoholic beverage permit or license or
is an employee of a holder of an alcoholic beverage permit or
license if the person is supervising the operation of the permitted
or licensed premises; or
(8) is a student in a law enforcement class engaging in
an activity required as part of the class, if the weapon is a type
commonly used in the activity and the person is:
(A) on the immediate premises where the activity
is conducted; or
(B) en route between those premises and the
person's residence and is carrying the weapon unloaded.
(l) Sections 46.02 and[,] 46.03(a)(1), (a)(2), (a)(3), and
(a)(4)[, and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(5), and
(b)(6)] do not apply to a person who carries a handgun if:
(1) the person carries the handgun on the premises, as
defined by the statute providing the applicable offense, of a
location operating as an emergency shelter during a state of
disaster declared under Section 418.014, Government Code, or a
local state of disaster declared under Section 418.108, Government
Code;
(2) the owner, controller, or operator of the premises
or a person acting with the apparent authority of the owner,
controller, or operator, authorized the carrying of the handgun;
(3) the person carrying the handgun complies with any
rules and regulations of the owner, controller, or operator of the
premises that govern the carrying of a handgun on the premises; and
(4) the person is not prohibited by state or federal
law from possessing a firearm.
(m) Section 46.03 does not apply to a person unless the
person:
(1) personally received notice by oral communication
from the owner of the property, or from another person with apparent
authority to act for the owner, that carrying a weapon on the
property was prohibited; and
(2) subsequently failed to depart.
SECTION 21. The following provisions are repealed:
(1) Section 11.041, Alcoholic Beverage Code;
(2) Section 11.61(e), Alcoholic Beverage Code;
(3) Section 61.11, Alcoholic Beverage Code;
(4) Section 61.71(f), Alcoholic Beverage Code;
(5) Section 411.198(b), Government Code;
(6) Section 411.204(d), Government Code;
(7) Section 411.206(c), Government Code;
(8) Section 46.02(c), Penal Code;
(9) Section 46.03(a-1), Penal Code; and
(10) Section 46.035, Penal Code.
SECTION 22. 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 23. This Act takes effect September 1, 2021.