Texas 2021 - 87th Regular

Texas House Bill HB2112 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2112
	1	+	By: Metcalf, et al. (Senate Sponsor - Springer) H.B. No. 2112
	2	+	(In the Senate - Received from the House May 3, 2021;
	3	+	May 6, 2021, read first time and referred to Committee on State
	4	+	Affairs; May 10, 2021, reported favorably by the following vote:
	5	+	Yeas 7, Nays 0; May 10, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the carrying of holstered handguns by handgun license
6	12		holders.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 30.05(f), Penal Code, is amended to read
9	15		as follows:
10	16		(f) It is a defense to prosecution under this section that:
11	17		(1) the basis on which entry on the property or land or
12	18		in the building was forbidden is that entry with a handgun was
13	19		forbidden; and
14	20		(2) the person was carrying:
15	21		(A) a license issued under Subchapter H, Chapter
16	22		411, Government Code, to carry a handgun; and
17	23		(B) a handgun:
18	24		(i) in a concealed manner; or
19	25		(ii) in a [shoulder or belt] holster.
20	26		SECTION 2. Section 30.07(f), Penal Code, is amended to read
21	27		as follows:
22	28		(f) It is not a defense to prosecution under this section
23	29		that the handgun was carried in a [shoulder or belt] holster.
24	30		SECTION 3. Section 46.02(a-1), Penal Code, is amended to
25	31		read as follows:
26	32		(a-1) A person commits an offense if the person
27	33		intentionally, knowingly, or recklessly carries on or about his or
28	34		her person a handgun in a motor vehicle or watercraft that is owned
29	35		by the person or under the person's control at any time in which:
30	36		(1) the handgun is in plain view, unless the person is
31	37		licensed to carry a handgun under Subchapter H, Chapter 411,
32	38		Government Code, and the handgun is carried in a [shoulder or belt]
33	39		holster; or
34	40		(2) the person is:
35	41		(A) engaged in criminal activity, other than a
36	42		Class C misdemeanor that is a violation of a law or ordinance
37	43		regulating traffic or boating;
38	44		(B) prohibited by law from possessing a firearm;
39	45		or
40	46		(C) a member of a criminal street gang, as
41	47		defined by Section 71.01.
42	48		SECTION 4. Sections 46.035(a), (b), (c), and (d), Penal
43	49		Code, are amended to read as follows:
44	50		(a) A license holder commits an offense if the license
45	51		holder carries a handgun on or about the license holder's person
46	52		under the authority of Subchapter H, Chapter 411, Government Code,
47	53		and intentionally displays the handgun in plain view of another
48	54		person in a public place. It is an exception to the application of
49	55		this subsection that the handgun was partially or wholly visible
50	56		but was carried in a [shoulder or belt] holster by the license
51	57		holder.
52	58		(b) A license holder commits an offense if the license
53	59		holder intentionally, knowingly, or recklessly carries a handgun
54	60		under the authority of Subchapter H, Chapter 411, Government Code,
55	61		regardless of whether the handgun is concealed or carried in a
56	62		[shoulder or belt] holster, on or about the license holder's
57	63		person:
58	64		(1) on the premises of a business that has a permit or
59	65		license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
60	66		Beverage Code, if the business derives 51 percent or more of its
61	67		income from the sale or service of alcoholic beverages for
62	68		on-premises consumption, as determined by the Texas Alcoholic
63	69		Beverage Commission under Section 104.06, Alcoholic Beverage Code;
64	70		(2) on the premises where a high school, collegiate,
65	71		or professional sporting event or interscholastic event is taking
66	72		place, unless the license holder is a participant in the event and a
67	73		handgun is used in the event;
68	74		(3) on the premises of a correctional facility;
69	75		(4) on the premises of a hospital licensed under
70	76		Chapter 241, Health and Safety Code, or on the premises of a nursing
71	77		facility licensed under Chapter 242, Health and Safety Code, unless
72	78		the license holder has written authorization of the hospital or
73	79		nursing facility administration, as appropriate;
74	80		(5) in an amusement park; or
75	81		(6) on the premises of a civil commitment facility.
76	82		(c) A license holder commits an offense if the license
77	83		holder intentionally, knowingly, or recklessly carries a handgun
78	84		under the authority of Subchapter H, Chapter 411, Government Code,
79	85		regardless of whether the handgun is concealed or carried in a
80	86		[shoulder or belt] holster, in the room or rooms where a meeting of
81	87		a governmental entity is held and if the meeting is an open meeting
82	88		subject to Chapter 551, Government Code, and the entity provided
83	89		notice as required by that chapter.
84	90		(d) A license holder commits an offense if, while
85	91		intoxicated, the license holder carries a handgun under the
86	92		authority of Subchapter H, Chapter 411, Government Code, regardless
87	93		of whether the handgun is concealed or carried in a [shoulder or
88	94		belt] holster.
89	95		SECTION 5. Section 46.15(b), Penal Code, is amended to read
90	96		as follows:
91	97		(b) Section 46.02 does not apply to a person who:
92	98		(1) is in the actual discharge of official duties as a
93	99		member of the armed forces or state military forces as defined by
94	100		Section 437.001, Government Code, or as a guard employed by a penal
95	101		institution;
96	102		(2) is traveling;
97	103		(3) is engaging in lawful hunting, fishing, or other
98	104		sporting activity on the immediate premises where the activity is
99	105		conducted, or is en route between the premises and the actor's
100	106		residence, motor vehicle, or watercraft, if the weapon is a type
101	107		commonly used in the activity;
102	108		(4) holds a security officer commission issued by the
103	109		Texas Private Security Board, if the person is engaged in the
104	110		performance of the person's duties as an officer commissioned under
105	111		Chapter 1702, Occupations Code, or is traveling to or from the
106	112		person's place of assignment and is wearing the officer's uniform
107	113		and carrying the officer's weapon in plain view;
108	114		(5) acts as a personal protection officer and carries
109	115		the person's security officer commission and personal protection
110	116		officer authorization, if the person:
111	117		(A) is engaged in the performance of the person's
112	118		duties as a personal protection officer under Chapter 1702,
113	119		Occupations Code, or is traveling to or from the person's place of
114	120		assignment; and
115	121		(B) is either:
116	122		(i) wearing the uniform of a security
117	123		officer, including any uniform or apparel described by Section
118	124		1702.323(d), Occupations Code, and carrying the officer's weapon in
119	125		plain view; or
120	126		(ii) not wearing the uniform of a security
121	127		officer and carrying the officer's weapon in a concealed manner;
122	128		(6) is carrying:
123	129		(A) a license issued under Subchapter H, Chapter
124	130		411, Government Code, to carry a handgun; and
125	131		(B) a handgun:
126	132		(i) in a concealed manner; or
127	133		(ii) in a [shoulder or belt] holster;
128	134		(7) holds an alcoholic beverage permit or license or
129	135		is an employee of a holder of an alcoholic beverage permit or
130	136		license if the person is supervising the operation of the permitted
131	137		or licensed premises; or
132	138		(8) is a student in a law enforcement class engaging in
133	139		an activity required as part of the class, if the weapon is a type
134	140		commonly used in the activity and the person is:
135	141		(A) on the immediate premises where the activity
136	142		is conducted; or
137	143		(B) en route between those premises and the
138	144		person's residence and is carrying the weapon unloaded.
139	145		SECTION 6. The change in law made by this Act applies only
140	146		to an offense committed on or after the effective date of this Act.
141	147		An offense committed before the effective date of this Act is
142	148		governed by the law in effect on the date the offense was committed,
143	149		and the former law is continued in effect for that purpose. For
144	150		purposes of this section, an offense was committed before the
145	151		effective date of this Act if any element of the offense occurred
146	152		before that date.
147	153		SECTION 7. This Act takes effect September 1, 2021.
148		-	______________________________ ______________________________
149		-	President of the Senate Speaker of the House
150		-	I certify that H.B. No. 2112 was passed by the House on April
151		-	29, 2021, by the following vote: Yeas 135, Nays 11, 1 present, not
152		-	voting.
153		-	______________________________
154		-	Chief Clerk of the House
155		-	I certify that H.B. No. 2112 was passed by the Senate on May
156		-	20, 2021, by the following vote: Yeas 31, Nays 0.
157		-	______________________________
158		-	Secretary of the Senate
159		-	APPROVED: _____________________
160		-	Date
161		-	_____________________
162		-	Governor
	154	+	* * * * *