Texas 2021 - 87th Regular

Texas House Bill HB1927 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1927
	1	+	By: Schaefer, et al. H.B. No. 1927
	2	+	(Senate Sponsor - Schwertner)
	3	+	(In the Senate - Received from the House April 19, 2021;
	4	+	April 23, 2021, read first time and referred to Special Committee
	5	+	on Constitutional Issues; April 30, 2021, reported favorably by
	6	+	the following vote: Yeas 5, Nays 2; April 30, 2021, sent to
	7	+	printer.)
	8	+	Click here to see the committee vote
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to provisions governing the carrying of a firearm by a
6	14		person who is 21 years of age or older and not otherwise prohibited
7	15		by state or federal law from possessing the firearm and to other
8	16		provisions related to the carrying, possessing, transporting, or
9	17		storing of a firearm or other weapon; creating criminal offenses.
10	18		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	19		SECTION 1. This Act shall be known as the Firearm Carry Act
12	20		of 2021.
13	21		SECTION 2. The Legislature of the State of Texas finds that:
14	22		(1) The Second Amendment of the United States
15	23		Constitution protects an individual right to keep and bear arms,
16	24		and to possess a firearm unconnected with service in a militia, and
17	25		to use that firearm for traditionally lawful purposes, such as
18	26		self-defense within the home;
19	27		(2) Section 23, Article I, of the Texas Constitution
20	28		secures for Texas citizens the right to keep and bear arms;
21	29		(3) persons who are currently prohibited from
22	30		possessing firearms under state and federal law will not gain the
23	31		right to possess or carry a firearm under this legislation; and
24	32		(4) persons who are currently prohibited from
25	33		possessing a firearm include: persons convicted of a felony as
26	34		described by the provisions of Section 46.04, Penal Code, persons
27	35		convicted of certain assault offenses under Section 22.01, Penal
28	36		Code, punishable as a Class A misdemeanor and involving a member of
29	37		the person's family or household, certain persons who are the
30	38		subject of a protective order under Section 46.04(c), Penal Code,
31	39		and persons meeting any of the criteria listed in 18 U.S.C. Section
32	40		922(g), including persons adjudicated to be mentally incompetent.
33	41		SECTION 3. Article 14.03, Code of Criminal Procedure, is
34	42		amended by adding Subsection (h) to read as follows:
35	43		(h)(1) A peace officer who is acting in the lawful discharge
36	44		of the officer's official duties may disarm a person at any time the
37	45		officer reasonably believes it is necessary for the protection of
38	46		the person, officer, or another individual. The peace officer
39	47		shall return the handgun to the person before discharging the
40	48		person from the scene if the officer determines that the person is
41	49		not a threat to the officer, person, or another individual and if
42	50		the person has not committed a violation that results in the arrest
43	51		of the person.
44	52		(2) A peace officer who is acting in the lawful
45	53		discharge of the officer's official duties may temporarily disarm a
46	54		person when the person enters a nonpublic, secure portion of a law
47	55		enforcement facility, if the law enforcement agency provides a gun
48		-	locker ~~or other secure area~~ where the peace officer can secure the
49		-	~~person's handgun. The~~ peace officer shall secure the handgun in the
50		-	~~locker or other secure area and shall~~ return the handgun to the
51		-	~~person immediately after the person~~ leaves the nonpublic, secure
52		-	~~portion of the law enforcement~~ facility.
	56	+	locker where the peace officer can secure the person's handgun. The
	57	+	peace officer shall secure the handgun in the locker and shall
	58	+	return the handgun to the person immediately after the person
	59	+	leaves the nonpublic, secure portion of the law enforcement
	60	+	facility.
53	61		(3) For purposes of this subsection, "law enforcement
54	62		facility" and "nonpublic, secure portion of a law enforcement
55	63		facility" have the meanings assigned by Section 411.207, Government
56	64		Code.
57	65		SECTION 4. Article 55.01(a), Code of Criminal Procedure, is
58	66		amended to read as follows:
59	67		(a) A person who has been placed under a custodial or
60	68		noncustodial arrest for commission of either a felony or
61	69		misdemeanor is entitled to have all records and files relating to
62	70		the arrest expunged if:
63	71		(1) the person is tried for the offense for which the
64	72		person was arrested and is:
65	73		(A) acquitted by the trial court, except as
66		-	provided by Subsection (c); [or]
	74	+	provided by Subsection (c); or
67	75		(B) convicted and subsequently:
68	76		(i) pardoned for a reason other than that
69		-	described by Subparagraph (ii); or
	77	+	described by Subparagraph (ii); [or]
70	78		(ii) pardoned or otherwise granted relief
71	79		on the basis of actual innocence with respect to that offense, if
72	80		the applicable pardon or court order clearly indicates on its face
73	81		that the pardon or order was granted or rendered on the basis of the
74	82		person's actual innocence; or
75		-	(C) convicted of an offense committed before
76		-	September 1, 2021, under Section 46.02(a), Penal Code, as that
77		-	section existed before that date; or
	83	+	(iii) the statute prohibiting the conduct
	84	+	has been repealed and the offense of which the person was convicted
	85	+	is an offense related solely to the unlawful possession of a
	86	+	firearm; or
78	87		(2) the person has been released and the charge, if
79	88		any, has not resulted in a final conviction and is no longer pending
80	89		and there was no court-ordered community supervision under Chapter
81	90		42A for the offense, unless the offense is a Class C misdemeanor,
82	91		provided that:
83	92		(A) regardless of whether any statute of
84	93		limitations exists for the offense and whether any limitations
85	94		period for the offense has expired, an indictment or information
86	95		charging the person with the commission of a misdemeanor offense
87	96		based on the person's arrest or charging the person with the
88	97		commission of any felony offense arising out of the same
89	98		transaction for which the person was arrested:
90	99		(i) has not been presented against the
91	100		person at any time following the arrest, and:
92	101		(a) at least 180 days have elapsed
93	102		from the date of arrest if the arrest for which the expunction was
94	103		sought was for an offense punishable as a Class C misdemeanor and if
95	104		there was no felony charge arising out of the same transaction for
96	105		which the person was arrested;
97	106		(b) at least one year has elapsed from
98	107		the date of arrest if the arrest for which the expunction was sought
99	108		was for an offense punishable as a Class B or A misdemeanor and if
100	109		there was no felony charge arising out of the same transaction for
101	110		which the person was arrested;
102	111		(c) at least three years have elapsed
103	112		from the date of arrest if the arrest for which the expunction was
104	113		sought was for an offense punishable as a felony or if there was a
105	114		felony charge arising out of the same transaction for which the
106	115		person was arrested; or
107	116		(d) the attorney representing the
108	117		state certifies that the applicable arrest records and files are
109	118		not needed for use in any criminal investigation or prosecution,
110	119		including an investigation or prosecution of another person; or
111	120		(ii) if presented at any time following the
112	121		arrest, was dismissed or quashed, and the court finds that the
113	122		indictment or information was dismissed or quashed because:
114	123		(a) the person completed a veterans
115	124		treatment court program created under Chapter 124, Government Code,
116	125		or former law, subject to Subsection (a-3);
117	126		(b) the person completed a mental
118	127		health court program created under Chapter 125, Government Code, or
119	128		former law, subject to Subsection (a-4);
120	129		(c) the person completed a pretrial
121	130		intervention program authorized under Section 76.011, Government
122	131		Code, other than a veterans treatment court program created under
123	132		Chapter 124, Government Code, or former law, or a mental health
124	133		court program created under Chapter 125, Government Code, or former
125	134		law;
126	135		(d) the presentment had been made
127	136		because of mistake, false information, or other similar reason
128	137		indicating absence of probable cause at the time of the dismissal to
129	138		believe the person committed the offense; or
130	139		(e) the indictment or information was
131	140		void; or
132	141		(B) prosecution of the person for the offense for
133	142		which the person was arrested is no longer possible because the
134	143		limitations period has expired.
135		-	SECTION 5. Section 2(a), Article 55.02, Code of Criminal
136		-	Procedure, is amended to read as follows:
137		-	(a) A person who is entitled to expunction of records and
138		-	files under Article 55.01(a)(1)(A), 55.01(a)(1)(B)(i),
139		-	55.01(a)(1)(C), or 55.01(a)(2) or a person who is eligible for
140		-	expunction of records and files under Article 55.01(b) may file an
141		-	ex parte petition for expunction in a district court for the county
142		-	in which:
143		-	(1) the petitioner was arrested; or
144		-	(2) the offense was alleged to have occurred.
145		-	SECTION 6. Section 37.0815(b), Education Code, is amended
	144	+	SECTION 5. Section 37.0815(b), Education Code, is amended
146	145		to read as follows:
147	146		(b) This section does not authorize a person to possess,
148	147		transport, or store a handgun, a firearm, or ammunition in
149	148		violation of Section 37.125 of this code, Section 46.03 [or
150	149		46.035], Penal Code, or other law.
151		-	SECTION 7. Subchapter A, Chapter 411, Government Code, is
152		-	amended by adding Sections 411.02096 and 411.02097 to read as
153		-	follows:
	150	+	SECTION 6. Subchapter A, Chapter 411, Government Code, is
	151	+	amended by adding Section 411.02096 to read as follows:
154	152		Sec. 411.02096. REPORT REGARDING CERTAIN FIREARM
155	153		STATISTICS. (a) Not later than January 31 of each year, the
156	154		department shall collect information for the preceding calendar
157	155		year related to the carrying of firearms by persons in this state,
158	156		including:
159	157		(1) the number of persons who applied for a license to
160	158		carry a handgun under Subchapter H compared to the yearly average
161	159		number of people who applied for a license from 2010 through 2020;
162	160		and
163	161		(2) any other relevant information related to the
164	162		carrying of firearms by persons in this state.
165	163		(b) The department shall identify the entities that possess
166	164		information required by Subsection (a) and require each entity to
167	165		report the information to the department in the manner prescribed
168	166		by the department.
169	167		(c) Not later than February 1 of each year, the department
170	168		shall prepare and submit to the governor, the lieutenant governor,
171	169		and each member of the legislature a report that includes the
172	170		information described by Subsection (a).
173	171		(d) This section expires September 1, 2028.
174		-	Sec. 411.02097. FIREARM SAFETY. The department shall
175		-	develop and post on the department's Internet website a course on
176		-	firearm safety and handling. The course must be accessible to the
177		-	public free of charge.
178		-	SECTION 8. Sections 411.186(a), (c), and (d), Government
	172	+	SECTION 7. Sections 411.186(a), (c), and (d), Government
179	173		Code, are amended to read as follows:
180	174		(a) The department shall revoke a license under this section
181	175		if the license holder:
182	176		(1) was not entitled to the license at the time it was
183	177		issued;
184	178		(2) made a material misrepresentation or failed to
185	179		disclose a material fact in an application submitted under this
186	180		subchapter;
187	181		(3) subsequently becomes ineligible for a license
188	182		under Section 411.172, unless the sole basis for the ineligibility
189	183		is that the license holder is charged with the commission of a Class
190	184		A or Class B misdemeanor or equivalent offense, or of an offense
191	185		under Section 42.01, Penal Code, or equivalent offense, or of a
192	186		felony under an information or indictment;
193	187		(4) [is convicted of an offense under Section 46.035,
194	188		Penal Code;
195	189		[(5)] is determined by the department to have engaged
196	190		in conduct constituting a reason to suspend a license listed in
197	191		Section 411.187(a) after the person's license has been previously
198	192		suspended twice for the same reason; or
199	193		(5) [(6)] submits an application fee that is
200	194		dishonored or reversed if the applicant fails to submit a cashier's
201	195		check or money order made payable to the "Department of Public
202	196		Safety of the State of Texas" in the amount of the dishonored or
203	197		reversed fee, plus $25, within 30 days of being notified by the
204	198		department that the fee was dishonored or reversed.
205	199		(c) A license holder whose license is revoked for a reason
206	200		listed in Subsections (a)(1)-(4) [(a)(1)-(5)] may reapply as a new
207	201		applicant for the issuance of a license under this subchapter after
208	202		the second anniversary of the date of the revocation if the cause
209	203		for revocation does not exist on the date of the second anniversary.
210	204		If the cause for revocation exists on the date of the second
211	205		anniversary after the date of revocation, the license holder may
212	206		not apply for a new license until the cause for revocation no longer
213	207		exists and has not existed for a period of two years.
214	208		(d) A license holder whose license is revoked under
215	209		Subsection (a)(5) [(a)(6)] may reapply for an original or renewed
216	210		license at any time, provided the application fee and a dishonored
217	211		payment charge of $25 is paid by cashier's check or money order made
218	212		payable to the "Texas Department of Public Safety."
219		-	SECTION 9. Section 411.203, Government Code, is amended to
	213	+	SECTION 8. Section 411.203, Government Code, is amended to
220	214		read as follows:
221	215		Sec. 411.203. RIGHTS OF EMPLOYERS. This subchapter does
222	216		not prevent or otherwise limit the right of a public or private
223	217		employer to prohibit persons who are licensed under this subchapter
224	218		from carrying a handgun on the premises of the business. In this
225	219		section, "premises" has the meaning assigned by Section 46.03
226	220		[46.035(f)(3)], Penal Code.
227		-	SECTION 10. Section 411.2031(a)(3), Government Code, is
	221	+	SECTION 9. Section 411.2031(a)(3), Government Code, is
228	222		amended to read as follows:
229	223		(3) "Premises" has the meaning assigned by Section
230	224		46.03 [46.035], Penal Code.
	225	+	SECTION 10. Subchapter H, Chapter 411, Government Code, is
	226	+	amended by adding Section 411.2049 to read as follows:
	227	+	Sec. 411.2049. CERTAIN INVESTIGATORY STOPS AND INQUIRIES
	228	+	PROHIBITED. A peace officer may not make an investigatory stop or
	229	+	other temporary detention to inquire as to a person's possession of
	230	+	a handgun solely because the person is carrying a partially or
	231	+	wholly visible handgun in a holster.
231	232		SECTION 11. Sections 411.209(a) and (j), Government Code,
232	233		are amended to read as follows:
233	234		(a) Except as provided by Subsection (i), a state agency or
234	235		a political subdivision of the state may not take any action,
235	236		including an action consisting of the provision of notice by a
236	237		communication described by Section 30.06 or 30.07, Penal Code, that
237	238		states or implies that a license holder who is carrying a handgun
238	239		under the authority of this subchapter is prohibited from entering
239	240		or remaining on a premises or other place owned or leased by the
240	241		governmental entity unless license holders are prohibited from
241	242		carrying a handgun on the premises or other place by Section 46.03
242	243		[or 46.035], Penal Code, or other law.
243	244		(j) In this section, "premises" has the meaning assigned by
244	245		Section 46.03 [46.035], Penal Code.
245	246		SECTION 12. Section 552.002(a)(1), Health and Safety Code,
246	247		is amended to read as follows:
247	248		(1) "License holder" has the meaning assigned by
248	249		Section 46.03 [46.035(f)], Penal Code.
249	250		SECTION 13. Section 773.0145(a), Health and Safety Code, is
250	251		amended to read as follows:
251	252		(a) This section applies to:
252	253		(1) an amusement park, as defined by Section 46.03
253	254		[46.035], Penal Code;
254	255		(2) a child-care facility, as defined by Section
255	256		42.002, Human Resources Code;
256	257		(3) a day camp or youth camp, as defined by Section
257	258		141.002;
258	259		(4) a private or independent institution of higher
259	260		education, as defined by Section 61.003, Education Code;
260	261		(5) a restaurant, as defined by Section 17.821,
261	262		Business & Commerce Code;
262	263		(6) a sports venue, as defined by Section 504.151,
263	264		Local Government Code;
264	265		(7) a youth center, as defined by Section 481.134; or
265	266		(8) subject to Subsection (b), any other entity that
266	267		the executive commissioner by rule designates as an entity that
267	268		would benefit from the possession and administration of epinephrine
268	269		auto-injectors.
269	270		SECTION 14. Section 42.042(e-2), Human Resources Code, is
270	271		amended to read as follows:
271	272		(e-2) The department may not prohibit the foster parent of a
272	273		child who resides in the foster family's home from transporting the
273	274		child in a vehicle where a handgun is present if the handgun is in
274	275		the possession and control of the foster parent and the foster
275	276		parent is not otherwise prohibited by law from carrying a handgun
276	277		[licensed to carry the handgun under Subchapter H, Chapter 411,
277	278		Government Code].
278	279		SECTION 15. Section 52.062(b), Labor Code, is amended to
279	280		read as follows:
280	281		(b) Section 52.061 does not prohibit an employer from
281	282		prohibiting an employee who holds a license to carry a handgun under
282	283		Subchapter H, Chapter 411, Government Code, or who otherwise
283	284		lawfully possesses a firearm, from possessing a firearm the
284	285		employee is otherwise authorized by law to possess on the premises
285	286		of the employer's business. In this subsection, "premises" has the
286	287		meaning assigned by Section 46.03 [46.035(f)(3)], Penal Code.
287	288		SECTION 16. Section 229.001(b), Local Government Code, is
288	289		amended to read as follows:
289	290		(b) Subsection (a) does not affect the authority a
290	291		municipality has under another law to:
291	292		(1) require residents or public employees to be armed
292	293		for personal or national defense, law enforcement, or another
293	294		lawful purpose;
294	295		(2) regulate the discharge of firearms or air guns
295	296		within the limits of the municipality, other than at a sport
296	297		shooting range;
297	298		(3) except as provided by Subsection (b-1), adopt or
298	299		enforce a generally applicable zoning ordinance, land use
299	300		regulation, fire code, or business ordinance;
300	301		(4) regulate the use of firearms, air guns, or knives
301	302		in the case of an insurrection, riot, or natural disaster if the
302	303		municipality finds the regulations necessary to protect public
303	304		health and safety;
304	305		(5) regulate the storage or transportation of
305	306		explosives to protect public health and safety, except that 25
306	307		pounds or less of black powder for each private residence and 50
307	308		pounds or less of black powder for each retail dealer are not
308	309		subject to regulation;
309	310		(6) regulate the carrying of an air gun or [a] firearm,
310	311		[or air gun by a person] other than a [person licensed to carry a]
311	312		handgun carried by a person not otherwise prohibited by law from
312	313		carrying a handgun [under Subchapter H, Chapter 411, Government
313	314		Code], at a:
314	315		(A) public park;
315	316		(B) public meeting of a municipality, county, or
316	317		other governmental body;
317	318		(C) political rally, parade, or official
318	319		political meeting; or
319	320		(D) nonfirearms-related school, college, or
320	321		professional athletic event;
321		-	(7) regulate the carrying of a firearm by a person
	322	+	(7) [regulate the carrying of a firearm by a person
322	323		licensed to carry a handgun under Subchapter H, Chapter 411,
323		-	Government Code, in accordance with Section 411.209, Government
324		-	Code;
	324	+	Government Code,] in accordance with Section 411.209, Government
	325	+	Code, regulate the carrying of a firearm by any person;
325	326		(8) regulate the hours of operation of a sport
326	327		shooting range, except that the hours of operation may not be more
327	328		limited than the least limited hours of operation of any other
328	329		business in the municipality other than a business permitted or
329	330		licensed to sell or serve alcoholic beverages for on-premises
330	331		consumption;
331	332		(9) regulate the carrying of an air gun by a minor on:
332	333		(A) public property; or
333	334		(B) private property without consent of the
334	335		property owner; or
335	336		(10) except as provided by Subsection (d-1), regulate
336	337		or prohibit an employee's carrying or possession of a firearm,
337	338		firearm accessory, or ammunition in the course of the employee's
338	339		official duties.
339		-	SECTION 17. Section 30.05, Penal Code, is amended by adding
340		-	Subsections (c) and (d-3) and amending Subsections (d) and (f) to
341		-	read as follows:
342		-	(c) A person may provide notice that firearms are prohibited
343		-	on the property by posting a sign at each entrance to the property
344		-	that:
345		-	(1) includes language that is identical to or
346		-	substantially similar to the following: "Pursuant to Section 30.05,
347		-	Penal Code (criminal trespass), a person may not enter this
348		-	property with a firearm";
349		-	(2) includes the language described by Subdivision (1)
350		-	in both English and Spanish;
351		-	(3) appears in contrasting colors with block letters
352		-	at least one inch in height; and
353		-	(4) is displayed in a conspicuous manner clearly
354		-	visible to the public.
	340	+	SECTION 17. Section 30.05, Penal Code, is amended by
	341	+	amending Subsections (d) and (f) and adding Subsections (d-3) and
	342	+	(f-4) to read as follows:
355	343		(d) Subject to Subsection (d-3), an [An] offense under this
356	344		section is:
357	345		(1) a Class B misdemeanor, except as provided by
358	346		Subdivisions (2) and (3);
359	347		(2) a Class C misdemeanor, except as provided by
360	348		Subdivision (3), if the offense is committed:
361	349		(A) on agricultural land and within 100 feet of
362	350		the boundary of the land; or
363	351		(B) on residential land and within 100 feet of a
364	352		protected freshwater area; and
365	353		(3) a Class A misdemeanor if:
366	354		(A) the offense is committed:
367	355		(i) in a habitation or a shelter center;
368	356		(ii) on a Superfund site; or
369	357		(iii) on or in a critical infrastructure
370	358		facility;
371	359		(B) the offense is committed on or in property of
372	360		an institution of higher education and it is shown on the trial of
373	361		the offense that the person has previously been convicted of:
374	362		(i) an offense under this section relating
375	363		to entering or remaining on or in property of an institution of
376	364		higher education; or
377	365		(ii) an offense under Section 51.204(b)(1),
378	366		Education Code, relating to trespassing on the grounds of an
379	367		institution of higher education; or
380	368		(C) the person carries a deadly weapon during the
381	369		commission of the offense.
382	370		(d-3) An offense under this section is a Class C misdemeanor
383	371		punishable by a fine not to exceed $200 if the person enters the
384	372		property, land, or building with a firearm or other weapon and the
385	373		sole basis on which entry on the property or land or in the building
386	374		was forbidden is that entry with a firearm or other weapon was
387	375		forbidden, except that the offense is a Class A misdemeanor if it is
388	376		shown on the trial of the offense that, after entering the property,
389	377		land, or building with the firearm or other weapon, the actor:
390	378		(1) personally received from the owner of the property
391	379		or another person with apparent authority to act for the owner
392	380		notice that entry with a firearm or other weapon was forbidden, as
393	381		given through:
394	382		(A) notice under Subsection (b)(2)(A), including
395	383		oral or written communication; or
396	384		(B) if the actor is unable to reasonably
397	385		understand the notice described by Paragraph (A), other personal
398	386		notice that is reasonable under the circumstances; and
399	387		(2) subsequently failed to depart.
400	388		(f) It is a defense to prosecution under this section that:
401	389		(1) the basis on which entry on the property or land or
402	390		in the building was forbidden is that entry with a handgun was
403	391		forbidden; and
404	392		(2) the person was carrying:
405	393		(A) a license issued under Subchapter H, Chapter
406	394		411, Government Code, to carry a handgun; and
407	395		(B) a handgun:
408	396		(i) in a concealed manner; or
409	397		(ii) in a [shoulder or belt] holster.
	398	+	(f-4) It is a defense to prosecution under this section
	399	+	that:
	400	+	(1) the sole basis on which entry on the property or
	401	+	land or in the building was forbidden is that entry with a firearm
	402	+	or other weapon was forbidden; and
	403	+	(2) the actor:
	404	+	(A) personally received from the owner of the
	405	+	property or another person with apparent authority to act for the
	406	+	owner notice that entry with a firearm or other weapon was
	407	+	forbidden, as given through:
	408	+	(i) notice under Subsection (b)(2)(A),
	409	+	including oral or written communication; or
	410	+	(ii) if the actor is unable to reasonably
	411	+	understand the notice described by Subparagraph (i), other personal
	412	+	notice that is reasonable under the circumstances; and
	413	+	(B) promptly departed from the property.
410	414		SECTION 18. Section 30.06(c)(2), Penal Code, is amended to
411	415		read as follows:
412	416		(2) "License holder" has the meaning assigned by
413	417		Section 46.03 [46.035(f)].
414	418		SECTION 19. Section 30.06(e), Penal Code, is amended to
415	419		read as follows:
416	420		(e) It is an exception to the application of this section
417	421		that the property on which the license holder carries a handgun is
418	422		owned or leased by a governmental entity and is not a premises or
419	423		other place on which the license holder is prohibited from carrying
420	424		the handgun under Section 46.03 [or 46.035].
421	425		SECTION 20. Section 30.07(c)(2), Penal Code, is amended to
422	426		read as follows:
423	427		(2) "License holder" has the meaning assigned by
424	428		Section 46.03 [46.035(f)].
425	429		SECTION 21. Sections 30.07(e) and (f), Penal Code, are
426	430		amended to read as follows:
427	431		(e) It is an exception to the application of this section
428	432		that the property on which the license holder openly carries the
429	433		handgun is owned or leased by a governmental entity and is not a
430	434		premises or other place on which the license holder is prohibited
431	435		from carrying the handgun under Section 46.03 [or 46.035].
432	436		(f) It is not a defense to prosecution under this section
433	437		that the handgun was carried in a [shoulder or belt] holster.
434	438		SECTION 22. Section 46.02, Penal Code, is amended by
435		-	amending Subsections (a), (a-1), and (b) and adding ~~Subsections~~
436		-	(a-5~~), (a-6), (a-7), (a-8), and (e~~) to read as follows:
	439	+	amending Subsections (a), (a-1), and (b) and adding Subsection
	440	+	(a-5) to read as follows:
437	441		(a) A person commits an offense if the person:
438	442		(1) intentionally, knowingly, or recklessly carries
439	443		on or about his or her person a handgun; [and]
440		-	(2) at the time of the offense:
441		-	(A) is younger than 21 years of age; or
442		-	(B) has been convicted of an offense under
443		-	Section 22.01(a)(1), 22.05, 22.07, or 42.01(a)(7) or (8) committed
444		-	in the five-year period preceding the date the instant offense was
445		-	committed; and
	444	+	(2) is younger than 21 years of age at the time of the
	445	+	offense; and
446	446		(3) is not:
447	447		(A) on the person's own premises or premises
448	448		under the person's control; or
449	449		(B) inside of or directly en route to a motor
450	450		vehicle or watercraft that is owned by the person or under the
451	451		person's control.
452		-	(a-1) A person commits an offense if the person
453		-	intentionally, knowingly, or recklessly carries on or about his or
454		-	her person a handgun in a motor vehicle or watercraft that is owned
455		-	by the person or under the person's control at any time in which:
	452	+	(a-1) A person younger than 21 years of age commits an
	453	+	offense if the person intentionally, knowingly, or recklessly
	454	+	carries on or about his or her person a handgun in a motor vehicle or
	455	+	watercraft that is owned by the person or under the person's control
	456	+	at any time in which:
456	457		(1) the handgun is in plain view, unless the person is
457		-	~~21 years of age or older or is~~ licensed to carry a handgun under
458		-	~~Subchapter H, Chapter 411,~~ Government Code, and the handgun is
459		-	~~carried in a [shoulder or belt]~~ holster; or
	458	+	licensed to carry a handgun under Subchapter H, Chapter 411,
	459	+	Government Code, and the handgun is carried in a [shoulder or belt]
	460	+	holster; or
460	461		(2) the person is:
461	462		(A) engaged in criminal activity, other than a
462	463		Class C misdemeanor that is a violation of a law or ordinance
463	464		regulating traffic or boating; or
464	465		(B) prohibited by law from possessing a firearm[;
465	466		or
466	467		[(C) a member of a criminal street gang, as
467	468		defined by Section 71.01].
468	469		(a-5) A person commits an offense if the person carries a
469	470		handgun and intentionally displays the handgun in plain view of
470	471		another person in a public place. It is an exception to the
471	472		application of this subsection that the handgun was partially or
472	473		wholly visible but was carried in a holster.
473		-	(a-6) A person commits an offense if the person:
474		-	(1) carries a handgun while the person is intoxicated;
475		-	and
476		-	(2) is not:
477		-	(A) on the person's own property or property
478		-	under the person's control or on private property with the consent
479		-	of the owner of the property; or
480		-	(B) inside of or directly en route to a motor
481		-	vehicle or watercraft:
482		-	(i) that is owned by the person or under the
483		-	person's control; or
484		-	(ii) with the consent of the owner or
485		-	operator of the vehicle or watercraft.
486		-	(a-7) A person commits an offense if the person:
487		-	(1) intentionally, knowingly, or recklessly carries
488		-	on or about his or her person a handgun;
489		-	(2) is not:
490		-	(A) on the person's own premises or premises
491		-	under the person's control; or
492		-	(B) inside of or directly en route to a motor
493		-	vehicle or watercraft that is owned by the person or under the
494		-	person's control; and
495		-	(3) at the time of the offense, was prohibited from
496		-	possessing a firearm under Section 46.04(a), (b), or (c).
497		-	(a-8) If conduct constituting an offense under Subsection
498		-	(a-7) constitutes an offense under another provision of law, the
499		-	actor may be prosecuted under Subsection (a-7) or under both
500		-	provisions.
501		-	(b) Except as provided by Subsection [(c) or] (d) or (e), an
	474	+	(b) Except as provided by Subsection [(c) or] (d), an
502	475		offense under this section is a Class A misdemeanor.
503		-	(e) An offense under Subsection (a-7) is:
504		-	(1) a felony of the second degree with a minimum term
505		-	of imprisonment of five years, if the actor was prohibited from
506		-	possessing a firearm under Section 46.04(a); or
507		-	(2) a felony of the third degree, if the actor was
508		-	prohibited from possessing a firearm under Section 46.04(b) or (c).
509	476		SECTION 23. Section 46.03, Penal Code, is amended by
510	477		amending Subsections (a), (c), (e-1), (e-2), and (g) and adding
511	478		Subsections (a-2), (a-3), (a-4), and (g-2) to read as follows:
512	479		(a) A person commits an offense if the person intentionally,
513	480		knowingly, or recklessly possesses or goes with a firearm,
514	481		location-restricted knife, club, or prohibited weapon listed in
515	482		Section 46.05(a):
516	483		(1) on the physical premises of a school or
517	484		educational institution, any grounds or building on which an
518	485		activity sponsored by a school or educational institution is being
519	486		conducted, or a passenger transportation vehicle of a school or
520	487		educational institution, whether the school or educational
521	488		institution is public or private, unless:
522	489		(A) pursuant to written regulations or written
523	490		authorization of the institution; or
524	491		(B) the person possesses or goes with a concealed
525	492		handgun that the person is licensed to carry under Subchapter H,
526	493		Chapter 411, Government Code, and no other weapon to which this
527	494		section applies, on the premises of an institution of higher
528	495		education or private or independent institution of higher
529	496		education, on any grounds or building on which an activity
530	497		sponsored by the institution is being conducted, or in a passenger
531	498		transportation vehicle of the institution;
532	499		(2) on the premises of a polling place on the day of an
533	500		election or while early voting is in progress;
534	501		(3) on the premises of any government court or offices
535	502		utilized by the court, unless pursuant to written regulations or
536	503		written authorization of the court;
537	504		(4) on the premises of a racetrack;
538	505		(5) in or into a secured area of an airport; [or]
539	506		(6) within 1,000 feet of premises the location of
540	507		which is designated by the Texas Department of Criminal Justice as a
541	508		place of execution under Article 43.19, Code of Criminal Procedure,
542	509		on a day that a sentence of death is set to be imposed on the
543	510		designated premises and the person received notice that:
544	511		(A) going within 1,000 feet of the premises with
545	512		a weapon listed under this subsection was prohibited; or
546	513		(B) possessing a weapon listed under this
547	514		subsection within 1,000 feet of the premises was prohibited;
548	515		(7) on the premises of a business that has a permit or
549	516		license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
550	517		Beverage Code, if the business derives 51 percent or more of its
551	518		income from the sale or service of alcoholic beverages for
552	519		on-premises consumption, as determined by the Texas Alcoholic
553	520		Beverage Commission under Section 104.06, Alcoholic Beverage Code;
554	521		(8) on the premises where a high school, collegiate,
555	522		or professional sporting event or interscholastic event is taking
556	523		place, unless the person is a participant in the event and a
557	524		firearm, location-restricted knife, club, or prohibited weapon
558	525		listed in Section 46.05(a) is used in the event;
559	526		(9) on the premises of a correctional facility;
560	527		(10) on the premises of a civil commitment facility;
561	528		(11) on the premises of a hospital licensed under
562	529		Chapter 241, Health and Safety Code, or on the premises of a nursing
563	530		facility licensed under Chapter 242, Health and Safety Code, unless
564	531		the person has written authorization of the hospital or nursing
565	532		facility administration, as appropriate;
566	533		(12) on the premises of a mental hospital, as defined
567	534		by Section 571.003, Health and Safety Code, unless the person has
568	535		written authorization of the mental hospital administration;
569	536		(13) in an amusement park; or
570	537		(14) in the room or rooms where a meeting of a
571	538		governmental entity is held, if the meeting is an open meeting
572	539		subject to Chapter 551, Government Code, and if the entity provided
573	540		notice as required by that chapter.
574	541		(a-2) Notwithstanding Section 46.02(a-5), a license holder
575	542		commits an offense if the license holder carries a partially or
576	543		wholly visible handgun, regardless of whether the handgun is
577	544		holstered, on or about the license holder's person under the
578	545		authority of Subchapter H, Chapter 411, Government Code, and
579	546		intentionally or knowingly displays the handgun in plain view of
580	547		another person:
581	548		(1) on the premises of an institution of higher
582	549		education or private or independent institution of higher
583	550		education; or
584	551		(2) on any public or private driveway, street,
585	552		sidewalk or walkway, parking lot, parking garage, or other parking
586	553		area of an institution of higher education or private or
587	554		independent institution of higher education.
588	555		(a-3) Notwithstanding Subsection (a) or Section 46.02(a-5),
589	556		a license holder commits an offense if the license holder carries a
590	557		handgun on the campus of a private or independent institution of
591	558		higher education in this state that has established rules,
592	559		regulations, or other provisions prohibiting license holders from
593	560		carrying handguns pursuant to Section 411.2031(e), Government
594	561		Code, or on the grounds or building on which an activity sponsored
595	562		by such an institution is being conducted, or in a passenger
596	563		transportation vehicle of such an institution, regardless of
597	564		whether the handgun is concealed, provided the institution gives
598	565		effective notice under Section 30.06.
599	566		(a-4) Notwithstanding Subsection (a) or Section 46.02(a-5),
600	567		a license holder commits an offense if the license holder
601	568		intentionally carries a concealed handgun on a portion of a
602	569		premises located on the campus of an institution of higher
603	570		education in this state on which the carrying of a concealed handgun
604	571		is prohibited by rules, regulations, or other provisions
605	572		established under Section 411.2031(d-1), Government Code, provided
606	573		the institution gives effective notice under Section 30.06 with
607	574		respect to that portion.
608	575		(c) In this section:
609	576		(1) "Amusement park" means a permanent indoor or
610	577		outdoor facility or park where amusement rides are available for
611	578		use by the public that is located in a county with a population of
612	579		more than one million, encompasses at least 75 acres in surface
613	580		area, is enclosed with access only through controlled entries, is
614	581		open for operation more than 120 days in each calendar year, and has
615	582		security guards on the premises at all times. The term does not
616	583		include any public or private driveway, street, sidewalk or
617	584		walkway, parking lot, parking garage, or other parking area.
618	585		(2) "Institution of higher education" and "private or
619	586		independent institution of higher education" have the meanings
620	587		assigned by Section 61.003, Education Code.
621	588		(3) "License holder" means a person licensed to carry
622	589		a handgun under Subchapter H, Chapter 411, Government Code.
623	590		(4) "Premises" means a building or a portion of a
624	591		building. The term does not include any public or private driveway,
625	592		street, sidewalk or walkway, parking lot, parking garage, or other
626	593		parking area.
627	594		(5) [(2) "Amusement park" and "premises" have the
628	595		meanings assigned by Section 46.035.
629	596		[(3)] "Secured area" means an area of an airport
630	597		terminal building to which access is controlled by the inspection
631	598		of persons and property under federal law.
632	599		(e-1) It is a defense to prosecution under Subsection (a)(5)
633	600		that the actor:
634	601		(1) possessed, at the screening checkpoint for the
635	602		secured area, a [concealed] handgun that the actor was licensed to
636	603		carry under Subchapter H, Chapter 411, Government Code; and
637	604		(2) exited the screening checkpoint for the secured
638	605		area immediately upon completion of the required screening
639	606		processes and notification that the actor possessed the handgun.
640	607		(e-2) A peace officer investigating conduct that may
641	608		constitute an offense under Subsection (a)(5) and that consists
642	609		only of an actor's possession of a [concealed] handgun that the
643	610		actor is licensed to carry under Subchapter H, Chapter 411,
644	611		Government Code, may not arrest the actor for the offense unless:
645	612		(1) the officer advises the actor of the defense
646	613		available under Subsection (e-1) and gives the actor an opportunity
647	614		to exit the screening checkpoint for the secured area; and
648	615		(2) the actor does not immediately exit the checkpoint
649	616		upon completion of the required screening processes.
650	617		(g) Except as provided by Subsections [Subsection] (g-1)
651	618		and (g-2), an offense under this section is a felony of the third
652	619		degree.
653	620		(g-2) An offense committed under Subsection (a)(8),
654	621		(a)(10), (a)(11), (a)(13), (a-2), (a-3), or (a-4) is a Class A
655	622		misdemeanor.
656	623		SECTION 24. Section 46.04, Penal Code, is amended by adding
657	624		Subsection (a-1) and amending Subsection (e) to read as follows:
658	625		(a-1) A person who is a member of a criminal street gang, as
659	626		defined by Section 71.01, commits an offense if the person
660	627		intentionally, knowingly, or recklessly carries on or about his or
661	628		her person a handgun in a motor vehicle or watercraft.
662	629		(e) An offense under Subsection (a) is a felony of the third
663	630		degree. An offense under Subsection (a-1), (b), or (c) is a Class A
664	631		misdemeanor.
665	632		SECTION 25. Section 46.15, Penal Code, is amended by
666		-	amending Subsections (b)~~, (j),~~ and (l) and adding ~~Subsections~~ (m),
667		-	~~(n), (o), (p), and (q) to read~~ as follows:
	633	+	amending Subsections (b) and (l) and adding Subsection (m) to read
	634	+	as follows:
668	635		(b) Sections [Section] 46.02, 46.03(a)(14), and 46.04(a-1)
669	636		do [does] not apply to a person who:
670	637		(1) is in the actual discharge of official duties as a
671	638		member of the armed forces or state military forces as defined by
672	639		Section 437.001, Government Code, or as a guard employed by a penal
673	640		institution;
674	641		(2) is traveling;
675	642		(3) is engaging in lawful hunting, fishing, or other
676	643		sporting activity on the immediate premises where the activity is
677	644		conducted, or is en route between the premises and the actor's
678	645		residence, motor vehicle, or watercraft, if the weapon is a type
679	646		commonly used in the activity;
680	647		(4) holds a security officer commission issued by the
681	648		Texas Private Security Board, if the person is engaged in the
682	649		performance of the person's duties as an officer commissioned under
683	650		Chapter 1702, Occupations Code, or is traveling to or from the
684	651		person's place of assignment and is wearing the officer's uniform
685	652		and carrying the officer's weapon in plain view;
686	653		(5) acts as a personal protection officer and carries
687	654		the person's security officer commission and personal protection
688	655		officer authorization, if the person:
689	656		(A) is engaged in the performance of the person's
690	657		duties as a personal protection officer under Chapter 1702,
691	658		Occupations Code, or is traveling to or from the person's place of
692	659		assignment; and
693	660		(B) is either:
694	661		(i) wearing the uniform of a security
695	662		officer, including any uniform or apparel described by Section
696	663		1702.323(d), Occupations Code, and carrying the officer's weapon in
697	664		plain view; or
698	665		(ii) not wearing the uniform of a security
699	666		officer and carrying the officer's weapon in a concealed manner;
700	667		(6) is carrying:
701	668		(A) a license issued under Subchapter H, Chapter
702	669		411, Government Code, to carry a handgun; and
703	670		(B) a handgun:
704	671		(i) in a concealed manner; or
705	672		(ii) in a [shoulder or belt] holster;
706	673		(7) holds an alcoholic beverage permit or license or
707	674		is an employee of a holder of an alcoholic beverage permit or
708	675		license if the person is supervising the operation of the permitted
709	676		or licensed premises; or
710	677		(8) is a student in a law enforcement class engaging in
711	678		an activity required as part of the class, if the weapon is a type
712	679		commonly used in the activity and the person is:
713	680		(A) on the immediate premises where the activity
714	681		is conducted; or
715	682		(B) en route between those premises and the
716	683		person's residence and is carrying the weapon unloaded.
717		-	(j) The provisions of Sections [Section] 46.02 and
718		-	46.03(a)(7), (a-2), (a-3), and (a-4) [prohibiting the carrying of a
719		-	handgun] do not apply to an individual who carries a handgun as a
720		-	participant in a historical reenactment performed in accordance
721		-	with the rules of the Texas Alcoholic Beverage Commission.
722	684		(l) Sections 46.02 and[,] 46.03(a)(1), (a)(2), (a)(3), and
723	685		(a)(4)[, and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(5), and
724	686		(b)(6)] do not apply to a person who carries a handgun if:
725	687		(1) the person carries the handgun on the premises, as
726	688		defined by the statute providing the applicable offense, of a
727	689		location operating as an emergency shelter during a state of
728	690		disaster declared under Section 418.014, Government Code, or a
729	691		local state of disaster declared under Section 418.108, Government
730	692		Code;
731	693		(2) the owner, controller, or operator of the premises
732	694		or a person acting with the apparent authority of the owner,
733	695		controller, or operator, authorized the carrying of the handgun;
734	696		(3) the person carrying the handgun complies with any
735	697		rules and regulations of the owner, controller, or operator of the
736	698		premises that govern the carrying of a handgun on the premises; and
737	699		(4) the person is not prohibited by state or federal
738	700		law from possessing a firearm.
739		-	(m) It is a defense to prosecution under Section 46.03 that
740		-	the actor:
741		-	(1) carries a handgun on a premises or other property
742		-	on which the carrying of a weapon is prohibited under that section;
743		-	(2) personally received from the owner of the
744		-	property, or from another person with apparent authority to act for
745		-	the owner, notice that carrying a firearm or other weapon on the
746		-	premises or other property, as applicable, was prohibited; and
747		-	(3) promptly departed from the premises or other
748		-	property.
749		-	(n) The defense provided by Subsection (m) does not apply
750		-	if:
751		-	(1) a sign described by Subsection (o) was posted
752		-	prominently at each entrance to the premises or other property, as
753		-	applicable; or
754		-	(2) at the time of the offense, the actor knew that
755		-	carrying a firearm or other weapon on the premises or other property
756		-	was prohibited.
757		-	(o) A person may provide notice that firearms and other
758		-	weapons are prohibited under Section 46.03 on the premises or other
759		-	property, as applicable, by posting a sign at each entrance to the
760		-	premises or other property that:
761		-	(1) includes language that is identical to or
762		-	substantially similar to the following: "Pursuant to Section 46.03,
763		-	Penal Code (places weapons prohibited), a person may not carry a
764		-	firearm or other weapon on this property";
765		-	(2) includes the language described by Subdivision (1)
766		-	in both English and Spanish;
767		-	(3) appears in contrasting colors with block letters
768		-	at least one inch in height; and
769		-	(4) is displayed in a conspicuous manner clearly
770		-	visible to the public.
771		-	(p) Sections 46.03(a)(7), (11), and (13) do not apply if the
772		-	actor:
773		-	(1) carries a handgun on the premises or other
774		-	property, as applicable;
775		-	(2) holds a license to carry a handgun issued under
776		-	Subchapter H, Chapter 411, Government Code; and
777		-	(3) was not given effective notice under Section 30.06
778		-	or 30.07 of this code or Section 411.204, Government Code, as
779		-	applicable.
780		-	(q) Section 46.03(a)(8) does not apply if the actor:
781		-	(1) carries a handgun on a premises where a collegiate
782		-	sporting event is taking place;
783		-	(2) holds a license to carry a handgun issued under
784		-	Subchapter H, Chapter 411, Government Code; and
785		-	(3) was not given effective notice under Section 30.06
786		-	or 30.07 of this code, as applicable.
	701	+	(m) Section 46.03 does not apply to a person unless the
	702	+	person:
	703	+	(1) personally received from the owner of the property
	704	+	or another person with apparent authority to act for the owner
	705	+	notice that carrying a weapon on the property was prohibited, as
	706	+	given through:
	707	+	(A) oral or written communication; or
	708	+	(B) if the person is unable to reasonably
	709	+	understand the communication described by Paragraph (A), other
	710	+	personal notice that is reasonable under the circumstances; and
	711	+	(2) subsequently failed to depart.
787	712		SECTION 26. The following provisions are repealed:
788	713		(1) Section 11.041, Alcoholic Beverage Code;
789	714		(2) Section 11.61(e), Alcoholic Beverage Code;
790	715		(3) Section 61.11, Alcoholic Beverage Code;
791	716		(4) Section 61.71(f), Alcoholic Beverage Code;
792	717		(5) Section 411.198(b), Government Code;
793	718		(6) Section 411.204(d), Government Code;
794	719		(7) Section 411.206(c), Government Code;
795	720		(8) Section 46.02(c), Penal Code;
796	721		(9) Section 46.03(a-1), Penal Code; and
797	722		(10) Section 46.035, Penal Code.
798	723		SECTION 27. Notwithstanding Section 411.02096, Government
799	724		Code, as added by this Act, the Department of Public Safety is not
800	725		required to submit the initial report required by that section
801	726		before February 1, 2023.
802	727		SECTION 28. The changes in law made by this Act apply only
803	728		to an offense committed on or after the effective date of this Act.
804	729		An offense committed before the effective date of this Act is
805	730		governed by the law in effect on the date the offense was committed,
806	731		and the former law is continued in effect for that purpose. For
807	732		purposes of this section, an offense was committed before the
808	733		effective date of this Act if any element of the offense occurred
809	734		before that date.
810	735		SECTION 29. This Act takes effect September 1, 2021.
811		-	______________________________ ______________________________
812		-	President of the Senate Speaker of the House
813		-	I certify that H.B. No. 1927 was passed by the House on April
814		-	16, 2021, by the following vote: Yeas 87, Nays 58, 2 present, not
815		-	voting; that the House refused to concur in Senate amendments to
816		-	H.B. No. 1927 on May 12, 2021, and requested the appointment of a
817		-	conference committee to consider the differences between the two
818		-	houses; and that the House adopted the conference committee report
819		-	on H.B. No. 1927 on May 23, 2021, by the following vote: Yeas 82,
820		-	Nays 62, 2 present, not voting.
821		-	______________________________
822		-	Chief Clerk of the House
823		-	I certify that H.B. No. 1927 was passed by the Senate, with
824		-	amendments, on May 5, 2021, by the following vote: Yeas 18, Nays
825		-	13; at the request of the House, the Senate appointed a conference
826		-	committee to consider the differences between the two houses; and
827		-	that the Senate adopted the conference committee report on H.B. No.
828		-	1927 on May 24, 2021, by the following vote: Yeas 17, Nays 13.
829		-	______________________________
830		-	Secretary of the Senate
831		-	APPROVED: __________________
832		-	Date
833		-	__________________
834		-	Governor
	736	+	* * * * *