Texas 2021 - 87th Regular

Texas Senate Bill SB546 Compare Versions

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

Old	New	Differences
1	1	By: Springer S.B. No. 546
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the places where a person may carry a handgun if the
7	7	person is licensed to carry a handgun and to certain related
8	8	criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 30.06(e), Penal Code, is amended to read
11	11	as follows:
12	12	(e) It is an exception to the application of this section
13	13	that the property on which the license holder carries a handgun is
14	14	owned or leased by a governmental entity [and is not a premises or
15	15	other place on which the license holder is prohibited from carrying
16	16	the handgun under Section 46.03 or 46.035].
17	17	SECTION 2. Section 46.03(a), Penal Code, is amended to read
18	18	as follows:
19	19	(a) A person commits an offense if the person intentionally,
20	20	knowingly, or recklessly possesses or goes with a firearm,
21	21	location-restricted knife, club, or prohibited weapon listed in
22	22	Section 46.05(a):
23	23	(1) on the physical premises of a school or
24	24	educational institution, the portion of any grounds or building on
25	25	which an activity sponsored by a school or educational institution
26	26	is being conducted, or a passenger transportation vehicle of a
27	27	school or educational institution, whether the school or
28	28	educational institution is public or private, unless:
29	29	(A) pursuant to written regulations or written
30	30	authorization of the institution; or
31	31	(B) the person possesses or goes with a concealed
32	32	handgun that the person is licensed to carry under Subchapter H,
33	33	Chapter 411, Government Code, and no other weapon to which this
34	34	section applies, on the premises of an institution of higher
35	35	education or private or independent institution of higher
36	36	education, on the portion of any grounds or building on which an
37	37	activity sponsored by the institution is being conducted, or in a
38	38	passenger transportation vehicle of the institution;
39	39	(2) on the portion of the premises of a polling place
40	40	where voting or other election-related activities are occurring on
41	41	the day of an election or while early voting is in progress;
42	42	(3) on the premises of any government court or offices
43	43	utilized by the court, unless pursuant to written regulations or
44	44	written authorization of the court;
45	45	(4) on the premises of a racetrack;
46	46	(5) in or into a secured area of an airport; or
47	47	(6) within 1,000 feet of premises the location of
48	48	which is designated by the Texas Department of Criminal Justice as a
49	49	place of execution under Article 43.19, Code of Criminal Procedure,
50	50	on a day that a sentence of death is set to be imposed on the
51	51	designated premises and the person received notice that:
52	52	(A) going within 1,000 feet of the premises with
53	53	a weapon listed under this subsection was prohibited; or
54	54	(B) possessing a weapon listed under this
55	55	subsection within 1,000 feet of the premises was prohibited.
56	56	SECTION 3. Section 46.03(c), Penal Code, is amended by
57	57	amending Subdivisions (1) and (2) to read as follows:
58	58	(1) "Institution of higher education" and "private or
59	59	independent institution of higher education" have the meanings
60	60	assigned by Section 61.003, Education Code.
61	61	(2) "Premises" has the meaning ["Amusement park" and
62	62	"premises" have the meanings] assigned by Section 46.035.
63	63	SECTION 4. Sections 46.035(g), (h), and (j), Penal Code,
64	64	are amended to read as follows:
65	65	(g) An offense under this section is a Class A misdemeanor,
66	66	except that an [unless the] offense [is committed] under:
67	67	(1) Subsection (a) or (e) is a Class C misdemeanor; and
68	68	(2) Subsection (d) is a Class C misdemeanor, unless
69	69	the license holder has previously been convicted of an offense
70	70	under that subsection, in which event the offense is a Class B
71	71	misdemeanor [(b)(1) or (b)(3), in which event the offense is a
72	72	felony of the third degree].
73	73	(h) It is a defense to prosecution under Subsection (a),
74	74	(a-1), (a-2), or (a-3) that the actor, at the time of the commission
75	75	of the offense, displayed the handgun under circumstances in which
76	76	the actor would have been justified in the use of force or threat of
77	77	[deadly] force under Chapter 9.
78	78	(j) Subsections (a), (a-1), (a-2), and (a-3) [, and (b)(1)]
79	79	do not apply to a historical reenactment performed in compliance
80	80	with the rules of the Texas Alcoholic Beverage Commission.
81	81	SECTION 5. Sections 46.15(a) and (b), Penal Code, are
82	82	amended to read as follows:
83	83	(a) Sections 46.02 and 46.03 do not apply to:
84	84	(1) peace officers or special investigators under
85	85	Article 2.122, Code of Criminal Procedure, and neither section
86	86	prohibits a peace officer or special investigator from carrying a
87	87	weapon in this state, including in an establishment in this state
88	88	serving the public, regardless of whether the peace officer or
89	89	special investigator is engaged in the actual discharge of the
90	90	officer's or investigator's duties while carrying the weapon;
91	91	(2) parole officers, and neither section prohibits an
92	92	officer from carrying a weapon in this state if the officer is:
93	93	(A) engaged in the actual discharge of the
94	94	officer's duties while carrying the weapon; and
95	95	(B) in compliance with policies and procedures
96	96	adopted by the Texas Department of Criminal Justice regarding the
97	97	possession of a weapon by an officer while on duty;
98	98	(3) community supervision and corrections department
99	99	officers appointed or employed under Section 76.004, Government
100	100	Code, and neither section prohibits an officer from carrying a
101	101	weapon in this state if the officer is:
102	102	(A) engaged in the actual discharge of the
103	103	officer's duties while carrying the weapon; and
104	104	(B) authorized to carry a weapon under Section
105	105	76.0051, Government Code;
106	106	(4) [an active judicial officer as defined by Section
107	107	411.201, Government Code, who is licensed to carry a handgun under
108	108	Subchapter H, Chapter 411, Government Code;
109	109	[(5)] an honorably retired peace officer or other
110	110	qualified retired law enforcement officer, as defined by 18 U.S.C.
111	111	Section 926C, who holds a certificate of proficiency issued under
112	112	Section 1701.357, Occupations Code, and is carrying a photo
113	113	identification that is issued by a federal, state, or local law
114	114	enforcement agency, as applicable, and that verifies that the
115	115	officer is an honorably retired peace officer or other qualified
116	116	retired law enforcement officer;
117	117	(5) [(6) the attorney general or a United States
118	118	attorney, district attorney, criminal district attorney, county
119	119	attorney, or municipal attorney who is licensed to carry a handgun
120	120	under Subchapter H, Chapter 411, Government Code;
121	121	[(7) an assistant United States attorney, assistant
122	122	attorney general, assistant district attorney, assistant criminal
123	123	district attorney, or assistant county attorney who is licensed to
124	124	carry a handgun under Subchapter H, Chapter 411, Government Code;
125	125	[(8) a bailiff designated by an active judicial officer
126	126	as defined by Section 411.201, Government Code, who is:
127	127	[(A) licensed to carry a handgun under Subchapter
128	128	H, Chapter 411, Government Code; and
129	129	[(B) engaged in escorting the judicial officer;
130	130	[(9)] a juvenile probation officer who is authorized to
131	131	carry a firearm under Section 142.006, Human Resources Code; or
132	132	(6) a person who is carrying a handgun and a license
133	133	issued under Subchapter H, Chapter 411, Government Code, to carry
134	134	the handgun [(10) a person who is volunteer emergency services
135	135	personnel if the person is:
136	136	[(A) carrying a handgun under the authority of
137	137	Subchapter H, Chapter 411, Government Code; and
138	138	[(B) engaged in providing emergency services].
139	139	(b) Section 46.02 does not apply to a person who:
140	140	(1) is in the actual discharge of official duties as a
141	141	member of the armed forces or state military forces as defined by
142	142	Section 437.001, Government Code, or as a guard employed by a penal
143	143	institution;
144	144	(2) is traveling;
145	145	(3) is engaging in lawful hunting, fishing, or other
146	146	sporting activity on the immediate premises where the activity is
147	147	conducted, or is en route between the premises and the actor's
148	148	residence, motor vehicle, or watercraft, if the weapon is a type
149	149	commonly used in the activity;
150	150	(4) holds a security officer commission issued by the
151	151	Texas Private Security Board, if the person is engaged in the
152	152	performance of the person's duties as an officer commissioned under
153	153	Chapter 1702, Occupations Code, or is traveling to or from the
154	154	person's place of assignment and is wearing the officer's uniform
155	155	and carrying the officer's weapon in plain view;
156	156	(5) acts as a personal protection officer and carries
157	157	the person's security officer commission and personal protection
158	158	officer authorization, if the person:
159	159	(A) is engaged in the performance of the person's
160	160	duties as a personal protection officer under Chapter 1702,
161	161	Occupations Code, or is traveling to or from the person's place of
162	162	assignment; and
163	163	(B) is either:
164	164	(i) wearing the uniform of a security
165	165	officer, including any uniform or apparel described by Section
166	166	1702.323(d), Occupations Code, and carrying the officer's weapon in
167	167	plain view; or
168	168	(ii) not wearing the uniform of a security
169	169	officer and carrying the officer's weapon in a concealed manner;
170	170	(6) [is carrying:
171	171	[(A) a license issued under Subchapter H, Chapter
172	172	411, Government Code, to carry a handgun; and
173	173	[(B) a handgun:
174	174	[(i) in a concealed manner; or
175	175	[(ii) in a shoulder or belt holster;
176	176	[(7)] holds an alcoholic beverage permit or license or
177	177	is an employee of a holder of an alcoholic beverage permit or
178	178	license if the person is supervising the operation of the permitted
179	179	or licensed premises; or
180	180	(7) [(8)] is a student in a law enforcement class
181	181	engaging in an activity required as part of the class, if the weapon
182	182	is a type commonly used in the activity and the person is:
183	183	(A) on the immediate premises where the activity
184	184	is conducted; or
185	185	(B) en route between those premises and the
186	186	person's residence and is carrying the weapon unloaded.
187	187	SECTION 6. Section 411.179(c), Government Code, is amended
188	188	to read as follows:
189	189	(c) In adopting the form of the license under Subsection
190	190	(a), the department shall establish a procedure for the license of a
191	191	qualified handgun instructor [or of the attorney general or a
192	192	judge, justice, United States attorney, assistant United States
193	193	attorney, assistant attorney general, prosecuting attorney, or
194	194	assistant prosecuting attorney, as described by Section
195	195	46.15(a)(4), (6), or (7), Penal Code,] to indicate on the license
196	196	the license holder's status as a qualified handgun instructor [or
197	197	as the attorney general or a judge, justice, United States
198	198	attorney, assistant United States attorney, assistant attorney
199	199	general, district attorney, criminal district attorney, or county
200	200	attorney]. In establishing the procedure, the department shall
201	201	require sufficient documentary evidence to establish the license
202	202	holder's status under this subsection.
203	203	SECTION 7. Section 411.198(b), Government Code, is amended
204	204	to read as follows:
205	205	(b) It is a defense to prosecution under Section 46.035(a)
206	206	[46.035], Penal Code, that the actor, at the time of the commission
207	207	of the offense, was the holder of an alias license issued under this
208	208	section.
209	209	SECTION 8. Section 411.209(a), Government Code, is amended
210	210	to read as follows:
211	211	(a) A [Except as provided by Subsection (i), a] state agency
212	212	or a political subdivision of the state may not take any action,
213	213	including an action consisting of the provision of notice by a
214	214	communication described by Section 30.06 or 30.07, Penal Code, that
215	215	states or implies that a license holder who is carrying a handgun
216	216	under the authority of this subchapter is prohibited from entering
217	217	or remaining on a premises or other place owned or leased by the
218	218	governmental entity unless license holders are prohibited from
219	219	carrying a handgun on the premises or other place by Section 46.03
220	220	or 46.035, Penal Code, or other law.
221	221	SECTION 9. Section 11.041(a), Alcoholic Beverage Code, is
222	222	amended to read as follows:
223	223	(a) Each holder of a permit [who is not otherwise required
224	224	to display a sign under Section 411.204, Government Code,] shall
225	225	display in a prominent place on the permit holder's premises a sign
226	226	giving notice that it is unlawful for a person to carry a weapon on
227	227	the premises unless the weapon is a handgun the person is licensed
228	228	to carry under Subchapter H, Chapter 411, Government Code.
229	229	SECTION 10. Section 11.61(e), Alcoholic Beverage Code, is
230	230	amended to read as follows:
231	231	(e) Except as provided by Subsection (f) or (i), the
232	232	commission or administrator shall cancel an original or renewal
233	233	permit if it is found, after notice and hearing, that the permittee
234	234	knowingly allowed a person to possess a firearm in a building on the
235	235	licensed premises. This subsection does not apply to a person:
236	236	(1) who holds a security officer commission issued
237	237	under Chapter 1702, Occupations Code, if:
238	238	(A) the person is engaged in the performance of
239	239	the person's duties as a security officer;
240	240	(B) the person is wearing a distinctive uniform;
241	241	and
242	242	(C) the weapon is in plain view;
243	243	(2) who is a peace officer;
244	244	(3) who is a permittee or an employee of a permittee if
245	245	the person is supervising the operation of the premises; or
246	246	(4) who possesses a handgun the person is licensed to
247	247	carry under Subchapter H, Chapter 411, Government Code[, unless the
248	248	person is on the premises of a business described by Section
249	249	46.035(b)(1), Penal Code].
250	250	SECTION 11. Section 61.11(a), Alcoholic Beverage Code, is
251	251	amended to read as follows:
252	252	(a) Each holder of a license [who is not otherwise required
253	253	to display a sign under Section 411.204, Government Code,] shall
254	254	display in a prominent place on the license holder's premises a sign
255	255	giving notice that it is unlawful for a person to carry a weapon on
256	256	the premises unless the weapon is a handgun the person is licensed
257	257	to carry under Subchapter H, Chapter 411, Government Code.
258	258	SECTION 12. Section 61.71(f), Alcoholic Beverage Code, is
259	259	amended to read as follows:
260	260	(f) Except as provided by Subsection (g) or (j), the
261	261	commission or administrator shall cancel an original or renewal
262	262	dealer's on-premises or off-premises license if it is found, after
263	263	notice and hearing, that the licensee knowingly allowed a person to
264	264	possess a firearm in a building on the licensed premises. This
265	265	subsection does not apply to a person:
266	266	(1) who holds a security officer commission issued
267	267	under Chapter 1702, Occupations Code, if:
268	268	(A) the person is engaged in the performance of
269	269	the person's duties as a security officer;
270	270	(B) the person is wearing a distinctive uniform;
271	271	and
272	272	(C) the weapon is in plain view;
273	273	(2) who is a peace officer;
274	274	(3) who is a licensee or an employee of a licensee if
275	275	the person is supervising the operation of the premises; or
276	276	(4) who possesses a handgun the person is licensed to
277	277	carry under Subchapter H, Chapter 411, Government Code[, unless the
278	278	person is on the premises of a business described by Section
279	279	46.035(b)(1), Penal Code].
280	280	SECTION 13. The following provisions are repealed:
281	281	(1) Section 104.06(c), Alcoholic Beverage Code;
282	282	(2) Sections 411.203, 411.204, and 411.209(i),
283	283	Government Code;
284	284	(3) Section 552.002, Health and Safety Code;
285	285	(4) Section 52.062(b), Labor Code;
286	286	(5) Section 46.03(f), Penal Code;
287	287	(6) Sections 46.035(b), (c), (f)(1), (i), (k), (l),
288	288	and (m), Penal Code; and
289	289	(7) Section 46.035(h-1), Penal Code, as added by
290	290	Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
291	291	Legislature, Regular Session, 2007.
292	292	SECTION 14. The change in law made by this Act applies only
293	293	to an offense committed on or after the effective date of this Act.
294	294	An offense committed before the effective date of this Act is
295	295	governed by the law in effect when the offense was committed, and
296	296	the former law is continued in effect for that purpose. For
297	297	purposes of this section, an offense was committed before the
298	298	effective date of this Act if any element of the offense occurred
299	299	before that date.
300	300	SECTION 15. This Act takes effect September 1, 2021.