88R1485 LHC-D
By: Ortega H.B. No. 216
A BILL TO BE ENTITLED
AN ACT
relating to the unlawful carrying of certain firearms; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.02, Penal Code, is amended by adding
Subsection (a-9) to read as follows:
(a-9) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries
on or about his or her person a firearm other than a handgun at any
time in which the firearm is in plain view; and
(2) is not:
(A) on the person's own premises or premises
under the person's control;
(B) inside of or directly en route to a motor
vehicle or watercraft that is owned by the person or under the
person's control; or
(C) on privately owned real property with the
effective consent of the owner of the real property.
SECTION 2. Sections 46.15(j), (k), and (l), Penal Code, are
amended to read as follows:
(j) The provisions of Sections 46.02 and 46.03(a)(7),
(a-2), (a-3), and (a-4) do not apply to an individual who carries a
firearm [handgun] as a participant in a historical reenactment
performed in accordance with the rules of the Texas Alcoholic
Beverage Commission.
(k) Section 46.02 does not apply to a person who carries a
firearm [handgun] if:
(1) the person carries the firearm [handgun] while:
(A) evacuating from an area following the
declaration of a state of disaster under Section 418.014,
Government Code, or a local state of disaster under Section
418.108, Government Code, with respect to that area; or
(B) reentering that area following the person's
evacuation;
(2) not more than 168 hours have elapsed since the
state of disaster or local state of disaster was declared, or more
than 168 hours have elapsed since the time the declaration was made
and the governor has extended the period during which a person may
carry a firearm [handgun] under this subsection; and
(3) the person is not prohibited by state or federal
law from possessing a firearm.
(l) Sections 46.02 and 46.03(a)(1), (a)(2), (a)(3), and
(a)(4) do not apply to a person who carries a firearm [handgun] if:
(1) the person carries the firearm [handgun] on the
premises, as defined by the statute providing the applicable
offense, of a location operating as an emergency shelter during a
state of disaster declared under Section 418.014, Government Code,
or a local state of disaster declared under Section 418.108,
Government Code;
(2) the owner, controller, or operator of the premises
or a person acting with the apparent authority of the owner,
controller, or operator, authorized the carrying of the firearm
[handgun];
(3) the person carrying the firearm [handgun] complies
with any rules and regulations of the owner, controller, or
operator of the premises that govern the carrying of a firearm
[handgun] on the premises; and
(4) the person is not prohibited by state or federal
law from possessing a firearm.
SECTION 3. This Act takes effect September 1, 2023.