Texas 2021 - 87th Regular

Texas House Bill HB4358 Compare Versions

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

Old	New	Differences
1	1	By: Spiller H.B. No. 4358
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the manner of carrying a handgun by a person who holds a
7	7	license under Subchapter H, Chapter 411, Government Code.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 46.035(a), (b), (c), and (d) Penal Code,
10	10	is amended to read as follows:
11	11	(a) A license holder commits an offense if the license
12	12	holder carries a handgun on or about the license holder's person
13	13	under the authority of Subchapter H, Chapter 411, Government Code,
14	14	and intentionally displays the handgun in plain view of another
15	15	person in a public place. It is an exception to the application of
16	16	this subsection that the handgun was partially or wholly visible
17	17	but was carried in a [shoulder or bolt] holster by the license
18	18	holder.
19	19	(b) A license holder commits an offense if the license
20	20	holder intentionally, knowingly, or recklessly carries a handgun
21	21	under the authority of Subchapter H, Chapter 411, Government Code,
22	22	regardless of whether the handgun is concealed or carried in a
23	23	[shoulder or bolt] holster, on or about the license holder's
24	24	person:
25	25	(1) on the premises of a business that has a permit or
26	26	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
27	27	Beverage Code, if the business derives 51 percent or more of its
28	28	income from the sale or service of alcoholic beverages for
29	29	on-premises consumption, as determined by the Texas Alcoholic
30	30	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
31	31	(2) on the premises where a high school, collegiate,
32	32	or professional sporting event or interscholastic event is taking
33	33	place, unless the license holder is a participant in the event and a
34	34	handgun is used in the event;
35	35	(3) on the premises of a correctional facility;
36	36	(4) on the premises of a hospital licensed under
37	37	Chapter 241, Health and Safety Code, or on the premises of a nursing
38	38	facility licensed under Chapter 242, Health and Safety Code, unless
39	39	the license holder has written authorization of the hospital or
40	40	nursing facility administration, as appropriate;
41	41	(5) in an amusement park; or
42	42	(6) on the premises of a civil commitment facility.
43	43	(c) A license holder commits an offense if the license
44	44	holder intentionally, knowingly, or recklessly carries a handgun
45	45	under the authority of Subchapter H, Chapter 411, Government Code,
46	46	regardless of whether the handgun is concealed or carried in a
47	47	[shoulder or belt] holster, in the room or rooms where a meeting of
48	48	a governmental entity is held and if the meeting is an open meeting
49	49	subject to Chapter 551, Government Code, and the entity provided
50	50	notice as required by that chapter.
51	51	(d) A license holder commits an offense if, while
52	52	intoxicated, the license holder carries a handgun under the
53	53	authority of Subchapter H, Chapter 411, Government Code, regardless
54	54	of whether the handgun is concealed or carried in a [shoulder or
55	55	belt] holster.
56	56	SECTION 2. Section 30.05(f), Penal Code, is amended to read
57	57	as follows:
58	58	(f) It is a defense to prosecution under this section that:
59	59	(1) the basis on which entry on the property or land or
60	60	in the building was forbidden is that entry with a handgun was
61	61	forbidden; and
62	62	(2) the person was carrying:
63	63	(A) a license issued under Subchapter H, Chapter
64	64	411, Government Code, to carry a handgun; and
65	65	(B) a handgun:
66	66	(i) in a concealed manner; or
67	67	(ii) in a [shoulder or belt] holster.
68	68	SECTION 3. Section 30.07(f), Penal Code, is amended to read
69	69	as follows:
70	70	(f) It is not a defense to prosecution under this section
71	71	that the handgun was carried in a [shoulder or belt] holster.
72	72	SECTION 4. Section 46.02(a-1), Penal Code, is amended to
73	73	read as follows:
74	74	(a-1) A person commits an offense if the person
75	75	intentionally, knowingly, or recklessly carries on or about his or
76	76	her person a handgun in a motor vehicle or watercraft that is owned
77	77	by the person or under the person's control at any time in which:
78	78	(1) the handgun is in plain view, unless the person is
79	79	licensed to carry a handgun under Subchapter H, Chapter 411,
80	80	Government Code, and the handgun is carried in a [shoulder or belt]
81	81	holster; or
82	82	(2) the person is:
83	83	(A) engaged in criminal activity, other than a
84	84	Class C misdemeanor that is a violation of a law or ordinance
85	85	regulating traffic or boating;
86	86	(B) prohibited by law from possessing a firearm;
87	87	or
88	88	(C) a member of a criminal street gang, as
89	89	defined by Section 71.01.
90	90	SECTION 5. Section 46.15(b), Penal Code, is amended to read
91	91	as follows:
92	92	(b) Section 46.02 does not apply to a person who:
93	93	(1) is in the actual discharge of official duties as a
94	94	member of the armed forces or state military forces as defined by
95	95	Section 437.001, Government Code, or as a guard employed by a penal
96	96	institution;
97	97	(2) is traveling;
98	98	(3) is engaging in lawful hunting, fishing, or other
99	99	sporting activity on the immediate premises where the activity is
100	100	conducted, or is en route between the premises and the actor's
101	101	residence, motor vehicle, or watercraft, if the weapon is a type
102	102	commonly used in the activity;
103	103	(4) holds a security officer commission issued by the
104	104	Texas Private Security Board, if the person is engaged in the
105	105	performance of the person's duties as an officer commissioned under
106	106	Chapter 1702, Occupations Code, or is traveling to or from the
107	107	person's place of assignment and is wearing the officer's uniform
108	108	and carrying the officer's weapon in plain view;
109	109	(5) acts as a personal protection officer and carries
110	110	the person's security officer commission and personal protection
111	111	officer authorization, if the person:
112	112	(A) is engaged in the performance of the person's
113	113	duties as a personal protection officer under Chapter 1702,
114	114	Occupations Code, or is traveling to or from the person's place of
115	115	assignment; and
116	116	(B) is either:
117	117	(i) wearing the uniform of a security
118	118	officer, including any uniform or apparel described by Section
119	119	1702.323(d), Occupations Code, and carrying the officer's weapon in
120	120	plain view; or
121	121	(ii) not wearing the uniform of a security
122	122	officer and carrying the officer's weapon in a concealed manner;
123	123	(6) is carrying:
124	124	(A) a license issued under Subchapter H, Chapter
125	125	411, Government Code, to carry a handgun; and
126	126	(B) a handgun:
127	127	(i) in a concealed manner; or
128	128	(ii) in a [shoulder or belt] holster;
129	129	(7) holds an alcoholic beverage permit or license or
130	130	is an employee of a holder of an alcoholic beverage permit or
131	131	license if the person is supervising the operation of the permitted
132	132	or licensed premises; or
133	133	(8) is a student in a law enforcement class engaging in
134	134	an activity required as part of the class, if the weapon is a type
135	135	commonly used in the activity and the person is:
136	136	(A) on the immediate premises where the activity
137	137	is conducted; or
138	138	(B) en route between those premises and the
139	139	person's residence and is carrying the weapon unloaded.
140	140	SECTION 6. The change in law made by this Act applies only
141	141	to an offense committed on or after the effective date of this Act.
142	142	An offense committed before the effective date of this Act is
143	143	governed by the law in effect on the date the offense was committed,
144	144	and the former law is continued in effect for that purpose. For
145	145	purposes of this section, an offense was committed before the
146	146	effective date of this Act if any element of the offense occurred
147	147	before that date.
148	148	SECTION 7. This Act takes effect September 1, 2021.