87R2756 AJZ-F
By: Springer H.B. No. 304
A BILL TO BE ENTITLED
AN ACT
relating to the places where a person may carry a handgun if the
person is licensed to carry a handgun and to certain related
criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. Section 46.03(a), Penal Code, is amended 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, the portion of 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 the portion of 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 portion of the premises of a polling place
where voting or other election-related activities are occurring 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.
SECTION 3. Section 46.03(c), Penal Code, is amended by
amending Subdivisions (1) and (2) and adding Subdivision (1-a) to
read as follows:
(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.
(1-a) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
(2) "Premises" has the meaning ["Amusement park" and
"premises" have the meanings] assigned by Section 46.035.
SECTION 4. Sections 46.035(g), (h), and (j), Penal Code,
are amended to read as follows:
(g) An offense under this section is a Class A misdemeanor,
except that an [unless the] offense [is committed] under:
(1) Subsection (a) or (e) is a Class C misdemeanor; and
(2) Subsection (d) is a Class C misdemeanor, unless
the license holder has previously been convicted of an offense
under that subsection, in which event the offense is a Class B
misdemeanor [(b)(1) or (b)(3), in which event the offense is a
felony of the third degree].
(h) It is a defense to prosecution under Subsection (a),
(a-1), (a-2), or (a-3) that the actor, at the time of the commission
of the offense, displayed the handgun under circumstances in which
the actor would have been justified in the use of force or threat of
[deadly] force under Chapter 9.
(j) Subsections (a), (a-1), (a-2), and (a-3) [, and (b)(1)]
do not apply to a historical reenactment performed in compliance
with the rules of the Texas Alcoholic Beverage Commission.
SECTION 5. Sections 46.15(a) and (b), Penal Code, are
amended to read as follows:
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under
Article 2.122, Code of Criminal Procedure, and neither section
prohibits a peace officer or special investigator from carrying a
weapon in this state, including in an establishment in this state
serving the public, regardless of whether the peace officer or
special investigator is engaged in the actual discharge of the
officer's or investigator's duties while carrying the weapon;
(2) parole officers, and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code;
(4) [an active judicial officer as defined by Section
411.201, Government Code, who is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
[(5)] an honorably retired peace officer or other
qualified retired law enforcement officer, as defined by 18 U.S.C.
Section 926C, who holds a certificate of proficiency issued under
Section 1701.357, Occupations Code, and is carrying a photo
identification that is issued by a federal, state, or local law
enforcement agency, as applicable, and that verifies that the
officer is an honorably retired peace officer or other qualified
retired law enforcement officer;
(5) [(6) the attorney general or a United States
attorney, district attorney, criminal district attorney, county
attorney, or municipal attorney who is licensed to carry a handgun
under Subchapter H, Chapter 411, Government Code;
[(7) an assistant United States attorney, assistant
attorney general, assistant district attorney, assistant criminal
district attorney, or assistant county attorney who is licensed to
carry a handgun under Subchapter H, Chapter 411, Government Code;
[(8) a bailiff designated by an active judicial officer
as defined by Section 411.201, Government Code, who is:
[(A) licensed to carry a handgun under Subchapter
H, Chapter 411, Government Code; and
[(B) engaged in escorting the judicial officer;
[(9)] a juvenile probation officer who is authorized to
carry a firearm under Section 142.006, Human Resources Code; or
(6) a person who is carrying a handgun and a license
issued under Subchapter H, Chapter 411, Government Code, to carry
the handgun [(10) a person who is volunteer emergency services
personnel if the person is:
[(A) carrying a handgun under the authority of
Subchapter H, Chapter 411, Government Code; and
[(B) engaged in providing emergency services].
(b) Section 46.02 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
(7) [(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.
SECTION 6. Section 411.179(c), Government Code, is amended
to read as follows:
(c) In adopting the form of the license under Subsection
(a), the department shall establish a procedure for the license of a
qualified handgun instructor [or of the attorney general or a
judge, justice, United States attorney, assistant United States
attorney, assistant attorney general, prosecuting attorney, or
assistant prosecuting attorney, as described by Section
46.15(a)(4), (6), or (7), Penal Code,] to indicate on the license
the license holder's status as a qualified handgun instructor [or
as the attorney general or a judge, justice, United States
attorney, assistant United States attorney, assistant attorney
general, district attorney, criminal district attorney, or county
attorney]. In establishing the procedure, the department shall
require sufficient documentary evidence to establish the license
holder's status under this subsection.
SECTION 7. Section 411.198(b), Government Code, is amended
to read as follows:
(b) It is a defense to prosecution under Section 46.035(a)
[46.035], Penal Code, that the actor, at the time of the commission
of the offense, was the holder of an alias license issued under this
section.
SECTION 8. Section 411.209(a), Government Code, is amended
to read as follows:
(a) 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.
SECTION 9. Section 11.041(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Each holder of a permit [who is not otherwise required
to display a sign under Section 411.204, Government Code,] shall
display in a prominent place on the permit holder's premises a sign
giving notice that it is unlawful for a person to carry a weapon on
the premises unless the weapon is a handgun the person is licensed
to carry under Subchapter H, Chapter 411, Government Code.
SECTION 10. Section 11.61(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) Except as provided by Subsection (f) or (i), the
commission or administrator shall cancel an original or renewal
permit if it is found, after notice and hearing, that the permittee
knowingly allowed a person to possess a firearm in a building on the
licensed premises. This subsection does not apply to a person:
(1) who holds a security officer commission issued
under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of
the person's duties as a security officer;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a permittee or an employee of a permittee if
the person is supervising the operation of the premises; or
(4) who possesses a handgun the person is licensed to
carry under Subchapter H, Chapter 411, Government Code[, unless the
person is on the premises of a business described by Section
46.035(b)(1), Penal Code].
SECTION 11. Section 61.11(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Each holder of a license [who is not otherwise required
to display a sign under Section 411.204, Government Code,] shall
display in a prominent place on the license holder's premises a sign
giving notice that it is unlawful for a person to carry a weapon on
the premises unless the weapon is a handgun the person is licensed
to carry under Subchapter H, Chapter 411, Government Code.
SECTION 12. Section 61.71(f), Alcoholic Beverage Code, is
amended to read as follows:
(f) Except as provided by Subsection (g) or (j), the
commission or administrator shall cancel an original or renewal
dealer's on-premises or off-premises license if it is found, after
notice and hearing, that the licensee knowingly allowed a person to
possess a firearm in a building on the licensed premises. This
subsection does not apply to a person:
(1) who holds a security officer commission issued
under Chapter 1702, Occupations Code, if:
(A) the person is engaged in the performance of
the person's duties as a security officer;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(2) who is a peace officer;
(3) who is a licensee or an employee of a licensee if
the person is supervising the operation of the premises; or
(4) who possesses a handgun the person is licensed to
carry under Subchapter H, Chapter 411, Government Code[, unless the
person is on the premises of a business described by Section
46.035(b)(1), Penal Code].
SECTION 13. The following provisions are repealed:
(1) Section 104.06(c), Alcoholic Beverage Code;
(2) Sections 411.203, 411.204, and 411.209(i),
Government Code;
(3) Section 552.002, Health and Safety Code;
(4) Section 52.062(b), Labor Code;
(5) Section 46.03(f), Penal Code;
(6) Sections 46.035(b), (c), (f)(1), (i), (k), (l),
and (m), Penal Code; and
(7) Section 46.035(h-1), Penal Code, as added by
Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
Legislature, Regular Session, 2007.
SECTION 14. The change in law made by this Act applies 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 when 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 15. This Act takes effect September 1, 2021.