Texas 2021 - 87th Regular

Texas House Bill HB304 Compare Versions

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

Old	New	Differences
1	1	87R2756 AJZ-F
2	2	By: Springer H.B. No. 304
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the places where a person may carry a handgun if the
8	8	person is licensed to carry a handgun and to certain related
9	9	criminal offenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 30.06(e), Penal Code, is amended to read
12	12	as follows:
13	13	(e) It is an exception to the application of this section
14	14	that the property on which the license holder carries a handgun is
15	15	owned or leased by a governmental entity [and is not a premises or
16	16	other place on which the license holder is prohibited from carrying
17	17	the handgun under Section 46.03 or 46.035].
18	18	SECTION 2. Section 46.03(a), Penal Code, is amended to read
19	19	as follows:
20	20	(a) A person commits an offense if the person intentionally,
21	21	knowingly, or recklessly possesses or goes with a firearm,
22	22	location-restricted knife, club, or prohibited weapon listed in
23	23	Section 46.05(a):
24	24	(1) on the physical premises of a school or
25	25	educational institution, the portion of any grounds or building on
26	26	which an activity sponsored by a school or educational institution
27	27	is being conducted, or a passenger transportation vehicle of a
28	28	school or educational institution, whether the school or
29	29	educational institution is public or private, unless:
30	30	(A) pursuant to written regulations or written
31	31	authorization of the institution; or
32	32	(B) the person possesses or goes with a concealed
33	33	handgun that the person is licensed to carry under Subchapter H,
34	34	Chapter 411, Government Code, and no other weapon to which this
35	35	section applies, on the premises of an institution of higher
36	36	education or private or independent institution of higher
37	37	education, on the portion of any grounds or building on which an
38	38	activity sponsored by the institution is being conducted, or in a
39	39	passenger transportation vehicle of the institution;
40	40	(2) on the portion of the premises of a polling place
41	41	where voting or other election-related activities are occurring on
42	42	the day of an election or while early voting is in progress;
43	43	(3) on the premises of any government court or offices
44	44	utilized by the court, unless pursuant to written regulations or
45	45	written authorization of the court;
46	46	(4) on the premises of a racetrack;
47	47	(5) in or into a secured area of an airport; or
48	48	(6) within 1,000 feet of premises the location of
49	49	which is designated by the Texas Department of Criminal Justice as a
50	50	place of execution under Article 43.19, Code of Criminal Procedure,
51	51	on a day that a sentence of death is set to be imposed on the
52	52	designated premises and the person received notice that:
53	53	(A) going within 1,000 feet of the premises with
54	54	a weapon listed under this subsection was prohibited; or
55	55	(B) possessing a weapon listed under this
56	56	subsection within 1,000 feet of the premises was prohibited.
57	57	SECTION 3. Section 46.03(c), Penal Code, is amended by
58	58	amending Subdivisions (1) and (2) and adding Subdivision (1-a) to
59	59	read as follows:
60	60	(1) "Amusement park" means a permanent indoor or
61	61	outdoor facility or park where amusement rides are available for
62	62	use by the public that is located in a county with a population of
63	63	more than one million, encompasses at least 75 acres in surface
64	64	area, is enclosed with access only through controlled entries, is
65	65	open for operation more than 120 days in each calendar year, and has
66	66	security guards on the premises at all times. The term does not
67	67	include any public or private driveway, street, sidewalk or
68	68	walkway, parking lot, parking garage, or other parking area.
69	69	(1-a) "Institution of higher education" and "private or
70	70	independent institution of higher education" have the meanings
71	71	assigned by Section 61.003, Education Code.
72	72	(2) "Premises" has the meaning ["Amusement park" and
73	73	"premises" have the meanings] assigned by Section 46.035.
74	74	SECTION 4. Sections 46.035(g), (h), and (j), Penal Code,
75	75	are amended to read as follows:
76	76	(g) An offense under this section is a Class A misdemeanor,
77	77	except that an [unless the] offense [is committed] under:
78	78	(1) Subsection (a) or (e) is a Class C misdemeanor; and
79	79	(2) Subsection (d) is a Class C misdemeanor, unless
80	80	the license holder has previously been convicted of an offense
81	81	under that subsection, in which event the offense is a Class B
82	82	misdemeanor [(b)(1) or (b)(3), in which event the offense is a
83	83	felony of the third degree].
84	84	(h) It is a defense to prosecution under Subsection (a),
85	85	(a-1), (a-2), or (a-3) that the actor, at the time of the commission
86	86	of the offense, displayed the handgun under circumstances in which
87	87	the actor would have been justified in the use of force or threat of
88	88	[deadly] force under Chapter 9.
89	89	(j) Subsections (a), (a-1), (a-2), and (a-3) [, and (b)(1)]
90	90	do not apply to a historical reenactment performed in compliance
91	91	with the rules of the Texas Alcoholic Beverage Commission.
92	92	SECTION 5. Sections 46.15(a) and (b), Penal Code, are
93	93	amended to read as follows:
94	94	(a) Sections 46.02 and 46.03 do not apply to:
95	95	(1) peace officers or special investigators under
96	96	Article 2.122, Code of Criminal Procedure, and neither section
97	97	prohibits a peace officer or special investigator from carrying a
98	98	weapon in this state, including in an establishment in this state
99	99	serving the public, regardless of whether the peace officer or
100	100	special investigator is engaged in the actual discharge of the
101	101	officer's or investigator's duties while carrying the weapon;
102	102	(2) parole officers, and neither section prohibits an
103	103	officer from carrying a weapon in this state if the officer is:
104	104	(A) engaged in the actual discharge of the
105	105	officer's duties while carrying the weapon; and
106	106	(B) in compliance with policies and procedures
107	107	adopted by the Texas Department of Criminal Justice regarding the
108	108	possession of a weapon by an officer while on duty;
109	109	(3) community supervision and corrections department
110	110	officers appointed or employed under Section 76.004, Government
111	111	Code, and neither section prohibits an officer from carrying a
112	112	weapon in this state if the officer is:
113	113	(A) engaged in the actual discharge of the
114	114	officer's duties while carrying the weapon; and
115	115	(B) authorized to carry a weapon under Section
116	116	76.0051, Government Code;
117	117	(4) [an active judicial officer as defined by Section
118	118	411.201, Government Code, who is licensed to carry a handgun under
119	119	Subchapter H, Chapter 411, Government Code;
120	120	[(5)] an honorably retired peace officer or other
121	121	qualified retired law enforcement officer, as defined by 18 U.S.C.
122	122	Section 926C, who holds a certificate of proficiency issued under
123	123	Section 1701.357, Occupations Code, and is carrying a photo
124	124	identification that is issued by a federal, state, or local law
125	125	enforcement agency, as applicable, and that verifies that the
126	126	officer is an honorably retired peace officer or other qualified
127	127	retired law enforcement officer;
128	128	(5) [(6) the attorney general or a United States
129	129	attorney, district attorney, criminal district attorney, county
130	130	attorney, or municipal attorney who is licensed to carry a handgun
131	131	under Subchapter H, Chapter 411, Government Code;
132	132	[(7) an assistant United States attorney, assistant
133	133	attorney general, assistant district attorney, assistant criminal
134	134	district attorney, or assistant county attorney who is licensed to
135	135	carry a handgun under Subchapter H, Chapter 411, Government Code;
136	136	[(8) a bailiff designated by an active judicial officer
137	137	as defined by Section 411.201, Government Code, who is:
138	138	[(A) licensed to carry a handgun under Subchapter
139	139	H, Chapter 411, Government Code; and
140	140	[(B) engaged in escorting the judicial officer;
141	141	[(9)] a juvenile probation officer who is authorized to
142	142	carry a firearm under Section 142.006, Human Resources Code; or
143	143	(6) a person who is carrying a handgun and a license
144	144	issued under Subchapter H, Chapter 411, Government Code, to carry
145	145	the handgun [(10) a person who is volunteer emergency services
146	146	personnel if the person is:
147	147	[(A) carrying a handgun under the authority of
148	148	Subchapter H, Chapter 411, Government Code; and
149	149	[(B) engaged in providing emergency services].
150	150	(b) Section 46.02 does not apply to a person who:
151	151	(1) is in the actual discharge of official duties as a
152	152	member of the armed forces or state military forces as defined by
153	153	Section 437.001, Government Code, or as a guard employed by a penal
154	154	institution;
155	155	(2) is traveling;
156	156	(3) is engaging in lawful hunting, fishing, or other
157	157	sporting activity on the immediate premises where the activity is
158	158	conducted, or is en route between the premises and the actor's
159	159	residence, motor vehicle, or watercraft, if the weapon is a type
160	160	commonly used in the activity;
161	161	(4) holds a security officer commission issued by the
162	162	Texas Private Security Board, if the person is engaged in the
163	163	performance of the person's duties as an officer commissioned under
164	164	Chapter 1702, Occupations Code, or is traveling to or from the
165	165	person's place of assignment and is wearing the officer's uniform
166	166	and carrying the officer's weapon in plain view;
167	167	(5) acts as a personal protection officer and carries
168	168	the person's security officer commission and personal protection
169	169	officer authorization, if the person:
170	170	(A) is engaged in the performance of the person's
171	171	duties as a personal protection officer under Chapter 1702,
172	172	Occupations Code, or is traveling to or from the person's place of
173	173	assignment; and
174	174	(B) is either:
175	175	(i) wearing the uniform of a security
176	176	officer, including any uniform or apparel described by Section
177	177	1702.323(d), Occupations Code, and carrying the officer's weapon in
178	178	plain view; or
179	179	(ii) not wearing the uniform of a security
180	180	officer and carrying the officer's weapon in a concealed manner;
181	181	(6) [is carrying:
182	182	[(A) a license issued under Subchapter H, Chapter
183	183	411, Government Code, to carry a handgun; and
184	184	[(B) a handgun:
185	185	[(i) in a concealed manner; or
186	186	[(ii) in a shoulder or belt holster;
187	187	[(7)] holds an alcoholic beverage permit or license or
188	188	is an employee of a holder of an alcoholic beverage permit or
189	189	license if the person is supervising the operation of the permitted
190	190	or licensed premises; or
191	191	(7) [(8)] is a student in a law enforcement class
192	192	engaging in an activity required as part of the class, if the weapon
193	193	is a type commonly used in the activity and the person is:
194	194	(A) on the immediate premises where the activity
195	195	is conducted; or
196	196	(B) en route between those premises and the
197	197	person's residence and is carrying the weapon unloaded.
198	198	SECTION 6. Section 411.179(c), Government Code, is amended
199	199	to read as follows:
200	200	(c) In adopting the form of the license under Subsection
201	201	(a), the department shall establish a procedure for the license of a
202	202	qualified handgun instructor [or of the attorney general or a
203	203	judge, justice, United States attorney, assistant United States
204	204	attorney, assistant attorney general, prosecuting attorney, or
205	205	assistant prosecuting attorney, as described by Section
206	206	46.15(a)(4), (6), or (7), Penal Code,] to indicate on the license
207	207	the license holder's status as a qualified handgun instructor [or
208	208	as the attorney general or a judge, justice, United States
209	209	attorney, assistant United States attorney, assistant attorney
210	210	general, district attorney, criminal district attorney, or county
211	211	attorney]. In establishing the procedure, the department shall
212	212	require sufficient documentary evidence to establish the license
213	213	holder's status under this subsection.
214	214	SECTION 7. Section 411.198(b), Government Code, is amended
215	215	to read as follows:
216	216	(b) It is a defense to prosecution under Section 46.035(a)
217	217	[46.035], Penal Code, that the actor, at the time of the commission
218	218	of the offense, was the holder of an alias license issued under this
219	219	section.
220	220	SECTION 8. Section 411.209(a), Government Code, is amended
221	221	to read as follows:
222	222	(a) A [Except as provided by Subsection (i), a] state agency
223	223	or a political subdivision of the state may not take any action,
224	224	including an action consisting of the provision of notice by a
225	225	communication described by Section 30.06 or 30.07, Penal Code, that
226	226	states or implies that a license holder who is carrying a handgun
227	227	under the authority of this subchapter is prohibited from entering
228	228	or remaining on a premises or other place owned or leased by the
229	229	governmental entity unless license holders are prohibited from
230	230	carrying a handgun on the premises or other place by Section 46.03
231	231	or 46.035, Penal Code, or other law.
232	232	SECTION 9. Section 11.041(a), Alcoholic Beverage Code, is
233	233	amended to read as follows:
234	234	(a) Each holder of a permit [who is not otherwise required
235	235	to display a sign under Section 411.204, Government Code,] shall
236	236	display in a prominent place on the permit holder's premises a sign
237	237	giving notice that it is unlawful for a person to carry a weapon on
238	238	the premises unless the weapon is a handgun the person is licensed
239	239	to carry under Subchapter H, Chapter 411, Government Code.
240	240	SECTION 10. Section 11.61(e), Alcoholic Beverage Code, is
241	241	amended to read as follows:
242	242	(e) Except as provided by Subsection (f) or (i), the
243	243	commission or administrator shall cancel an original or renewal
244	244	permit if it is found, after notice and hearing, that the permittee
245	245	knowingly allowed a person to possess a firearm in a building on the
246	246	licensed premises. This subsection does not apply to a person:
247	247	(1) who holds a security officer commission issued
248	248	under Chapter 1702, Occupations Code, if:
249	249	(A) the person is engaged in the performance of
250	250	the person's duties as a security officer;
251	251	(B) the person is wearing a distinctive uniform;
252	252	and
253	253	(C) the weapon is in plain view;
254	254	(2) who is a peace officer;
255	255	(3) who is a permittee or an employee of a permittee if
256	256	the person is supervising the operation of the premises; or
257	257	(4) who possesses a handgun the person is licensed to
258	258	carry under Subchapter H, Chapter 411, Government Code[, unless the
259	259	person is on the premises of a business described by Section
260	260	46.035(b)(1), Penal Code].
261	261	SECTION 11. Section 61.11(a), Alcoholic Beverage Code, is
262	262	amended to read as follows:
263	263	(a) Each holder of a license [who is not otherwise required
264	264	to display a sign under Section 411.204, Government Code,] shall
265	265	display in a prominent place on the license holder's premises a sign
266	266	giving notice that it is unlawful for a person to carry a weapon on
267	267	the premises unless the weapon is a handgun the person is licensed
268	268	to carry under Subchapter H, Chapter 411, Government Code.
269	269	SECTION 12. Section 61.71(f), Alcoholic Beverage Code, is
270	270	amended to read as follows:
271	271	(f) Except as provided by Subsection (g) or (j), the
272	272	commission or administrator shall cancel an original or renewal
273	273	dealer's on-premises or off-premises license if it is found, after
274	274	notice and hearing, that the licensee knowingly allowed a person to
275	275	possess a firearm in a building on the licensed premises. This
276	276	subsection does not apply to a person:
277	277	(1) who holds a security officer commission issued
278	278	under Chapter 1702, Occupations Code, if:
279	279	(A) the person is engaged in the performance of
280	280	the person's duties as a security officer;
281	281	(B) the person is wearing a distinctive uniform;
282	282	and
283	283	(C) the weapon is in plain view;
284	284	(2) who is a peace officer;
285	285	(3) who is a licensee or an employee of a licensee if
286	286	the person is supervising the operation of the premises; or
287	287	(4) who possesses a handgun the person is licensed to
288	288	carry under Subchapter H, Chapter 411, Government Code[, unless the
289	289	person is on the premises of a business described by Section
290	290	46.035(b)(1), Penal Code].
291	291	SECTION 13. The following provisions are repealed:
292	292	(1) Section 104.06(c), Alcoholic Beverage Code;
293	293	(2) Sections 411.203, 411.204, and 411.209(i),
294	294	Government Code;
295	295	(3) Section 552.002, Health and Safety Code;
296	296	(4) Section 52.062(b), Labor Code;
297	297	(5) Section 46.03(f), Penal Code;
298	298	(6) Sections 46.035(b), (c), (f)(1), (i), (k), (l),
299	299	and (m), Penal Code; and
300	300	(7) Section 46.035(h-1), Penal Code, as added by
301	301	Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
302	302	Legislature, Regular Session, 2007.
303	303	SECTION 14. The change in law made by this Act applies only
304	304	to an offense committed on or after the effective date of this Act.
305	305	An offense committed before the effective date of this Act is
306	306	governed by the law in effect when the offense was committed, and
307	307	the former law is continued in effect for that purpose. For
308	308	purposes of this section, an offense was committed before the
309	309	effective date of this Act if any element of the offense occurred
310	310	before that date.
311	311	SECTION 15. This Act takes effect September 1, 2021.