Texas 2021 - 87th Regular

Texas Senate Bill SB550 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 550
	1	+	By: Springer, et al. S.B. No. 550
	2	+	(Spiller)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the manner of carrying a handgun by a person who holds a
6	8		license under Subchapter H, Chapter 411, Government Code.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Sections 46.035(a), (b), (c), and (d), Penal
9	11		Code, are amended to read as follows:
10	12		(a) A license holder commits an offense if the license
11	13		holder carries a handgun on or about the license holder's person
12	14		under the authority of Subchapter H, Chapter 411, Government Code,
13	15		and intentionally displays the handgun in plain view of another
14	16		person in a public place. It is an exception to the application of
15	17		this subsection that the handgun was partially or wholly visible
16	18		but was carried in a [shoulder or belt] holster by the license
17	19		holder.
18	20		(b) A license holder commits an offense if the license
19	21		holder intentionally, knowingly, or recklessly carries a handgun
20	22		under the authority of Subchapter H, Chapter 411, Government Code,
21	23		regardless of whether the handgun is concealed or carried in a
22	24		[shoulder or belt] holster, on or about the license holder's
23	25		person:
24	26		(1) on the premises of a business that has a permit or
25	27		license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
26	28		Beverage Code, if the business derives 51 percent or more of its
27	29		income from the sale or service of alcoholic beverages for
28	30		on-premises consumption, as determined by the Texas Alcoholic
29	31		Beverage Commission under Section 104.06, Alcoholic Beverage Code;
30	32		(2) on the premises where a high school, collegiate,
31	33		or professional sporting event or interscholastic event is taking
32	34		place, unless the license holder is a participant in the event and a
33	35		handgun is used in the event;
34	36		(3) on the premises of a correctional facility;
35	37		(4) on the premises of a hospital licensed under
36	38		Chapter 241, Health and Safety Code, or on the premises of a nursing
37	39		facility licensed under Chapter 242, Health and Safety Code, unless
38	40		the license holder has written authorization of the hospital or
39	41		nursing facility administration, as appropriate;
40	42		(5) in an amusement park; or
41	43		(6) on the premises of a civil commitment facility.
42	44		(c) A license holder commits an offense if the license
43	45		holder intentionally, knowingly, or recklessly carries a handgun
44	46		under the authority of Subchapter H, Chapter 411, Government Code,
45	47		regardless of whether the handgun is concealed or carried in a
46	48		[shoulder or belt] holster, in the room or rooms where a meeting of
47	49		a governmental entity is held and if the meeting is an open meeting
48	50		subject to Chapter 551, Government Code, and the entity provided
49	51		notice as required by that chapter.
50	52		(d) A license holder commits an offense if, while
51	53		intoxicated, the license holder carries a handgun under the
52	54		authority of Subchapter H, Chapter 411, Government Code, regardless
53	55		of whether the handgun is concealed or carried in a [shoulder or
54	56		belt] holster.
55	57		SECTION 2. Section 30.05(f), Penal Code, is amended to read
56	58		as follows:
57	59		(f) It is a defense to prosecution under this section that:
58	60		(1) the basis on which entry on the property or land or
59	61		in the building was forbidden is that entry with a handgun was
60	62		forbidden; and
61	63		(2) the person was carrying:
62	64		(A) a license issued under Subchapter H, Chapter
63	65		411, Government Code, to carry a handgun; and
64	66		(B) a handgun:
65	67		(i) in a concealed manner; or
66	68		(ii) in a [shoulder or belt] holster.
67	69		SECTION 3. Section 30.07(f), Penal Code, is amended to read
68	70		as follows:
69	71		(f) It is not a defense to prosecution under this section
70	72		that the handgun was carried in a [shoulder or belt] holster.
71	73		SECTION 4. Section 46.02(a-1), Penal Code, is amended to
72	74		read as follows:
73	75		(a-1) A person commits an offense if the person
74	76		intentionally, knowingly, or recklessly carries on or about his or
75	77		her person a handgun in a motor vehicle or watercraft that is owned
76	78		by the person or under the person's control at any time in which:
77	79		(1) the handgun is in plain view, unless the person is
78	80		licensed to carry a handgun under Subchapter H, Chapter 411,
79	81		Government Code, and the handgun is carried in a [shoulder or belt]
80	82		holster; or
81	83		(2) the person is:
82	84		(A) engaged in criminal activity, other than a
83	85		Class C misdemeanor that is a violation of a law or ordinance
84	86		regulating traffic or boating;
85	87		(B) prohibited by law from possessing a firearm;
86	88		or
87	89		(C) a member of a criminal street gang, as
88	90		defined by Section 71.01.
89	91		SECTION 5. Section 46.15(b), Penal Code, is amended to read
90	92		as follows:
91	93		(b) Section 46.02 does not apply to a person who:
92	94		(1) is in the actual discharge of official duties as a
93	95		member of the armed forces or state military forces as defined by
94	96		Section 437.001, Government Code, or as a guard employed by a penal
95	97		institution;
96	98		(2) is traveling;
97	99		(3) is engaging in lawful hunting, fishing, or other
98	100		sporting activity on the immediate premises where the activity is
99	101		conducted, or is en route between the premises and the actor's
100	102		residence, motor vehicle, or watercraft, if the weapon is a type
101	103		commonly used in the activity;
102	104		(4) holds a security officer commission issued by the
103	105		Texas Private Security Board, if the person is engaged in the
104	106		performance of the person's duties as an officer commissioned under
105	107		Chapter 1702, Occupations Code, or is traveling to or from the
106	108		person's place of assignment and is wearing the officer's uniform
107	109		and carrying the officer's weapon in plain view;
108	110		(5) acts as a personal protection officer and carries
109	111		the person's security officer commission and personal protection
110	112		officer authorization, if the person:
111	113		(A) is engaged in the performance of the person's
112	114		duties as a personal protection officer under Chapter 1702,
113	115		Occupations Code, or is traveling to or from the person's place of
114	116		assignment; and
115	117		(B) is either:
116	118		(i) wearing the uniform of a security
117	119		officer, including any uniform or apparel described by Section
118	120		1702.323(d), Occupations Code, and carrying the officer's weapon in
119	121		plain view; or
120	122		(ii) not wearing the uniform of a security
121	123		officer and carrying the officer's weapon in a concealed manner;
122	124		(6) is carrying:
123	125		(A) a license issued under Subchapter H, Chapter
124	126		411, Government Code, to carry a handgun; and
125	127		(B) a handgun:
126	128		(i) in a concealed manner; or
127	129		(ii) in a [shoulder or belt] holster;
128	130		(7) holds an alcoholic beverage permit or license or
129	131		is an employee of a holder of an alcoholic beverage permit or
130	132		license if the person is supervising the operation of the permitted
131	133		or licensed premises; or
132	134		(8) is a student in a law enforcement class engaging in
133	135		an activity required as part of the class, if the weapon is a type
134	136		commonly used in the activity and the person is:
135	137		(A) on the immediate premises where the activity
136	138		is conducted; or
137	139		(B) en route between those premises and the
138	140		person's residence and is carrying the weapon unloaded.
139	141		SECTION 6. The change in law made by this Act applies only
140	142		to an offense committed on or after the effective date of this Act.
141	143		An offense committed before the effective date of this Act is
142	144		governed by the law in effect on the date the offense was committed,
143	145		and the former law is continued in effect for that purpose. For
144	146		purposes of this section, an offense was committed before the
145	147		effective date of this Act if any element of the offense occurred
146	148		before that date.
147	149		SECTION 7. This Act takes effect September 1, 2021.
148		-	______________________________ ______________________________
149		-	President of the Senate Speaker of the House
150		-	I hereby certify that S.B. No. 550 passed the Senate on
151		-	April 15, 2021, by the following vote: Yeas 29, Nays 1.
152		-	______________________________
153		-	Secretary of the Senate
154		-	I hereby certify that S.B. No. 550 passed the House on
155		-	May 19, 2021, by the following vote: Yeas 144, Nays 2, one present
156		-	not voting.
157		-	______________________________
158		-	Chief Clerk of the House
159		-	Approved:
160		-	______________________________
161		-	Date
162		-	______________________________
163		-	Governor