Bill Text: TX HB1927 | 2021-2022 | 87th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to provisions governing the carrying of a firearm by a person who is 21 years of age or older and not otherwise prohibited by state or federal law from possessing the firearm and to other provisions related to the carrying, possessing, transporting, or storing of a firearm or other weapon; creating criminal offenses.

Spectrum: Partisan Bill (Republican 70-2)

Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB1927 Detail]

Download: Texas-2021-HB1927-Engrossed.html
 
 
  By: Schaefer, White, Hefner, Guillen, H.B. No. 1927
      Canales, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to provisions governing the carrying of a firearm by a
  person who is 21 years of age or older and not otherwise prohibited
  by state or federal law from possessing the firearm and to other
  provisions related to the carrying, possessing, transporting, or
  storing of a firearm or other weapon; creating criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Firearm Carry Act
  of 2021.
         SECTION 2.  The Legislature of the State of Texas finds that:
               (1)  The Second Amendment of the United States
  Constitution protects an individual right to keep and bear arms,
  and to possess a firearm unconnected with service in a militia, and
  to use that firearm for traditionally lawful purposes, such as
  self-defense within the home;
               (2)  Section 23, Article I, of the Texas Constitution
  secures for Texas citizens the right to keep and bear arms;
               (3)  persons who are currently prohibited from
  possessing firearms under state and federal law will not gain the
  right to possess or carry a firearm under this legislation; and
               (4)  persons who are currently prohibited from
  possessing a firearm include: persons convicted of a felony as
  described by the provisions of Section 46.04, Penal Code, persons
  convicted of certain assault offenses under Section 22.01, Penal
  Code, punishable as a Class A misdemeanor and involving a member of
  the person's family or household, certain persons who are the
  subject of a protective order under Section 46.04(c), Penal Code,
  and persons meeting any of the criteria listed in 18 U.S.C. Section
  922(g), including persons adjudicated to be mentally incompetent.
         SECTION 3.  Article 14.03, Code of Criminal Procedure, is
  amended by adding Subsection (h) to read as follows:
         (h)(1)  A peace officer who is acting in the lawful discharge
  of the officer's official duties may disarm a person at any time the
  officer reasonably believes it is necessary for the protection of
  the person, officer, or another individual.  The peace officer
  shall return the handgun to the person before discharging the
  person from the scene if the officer determines that the person is
  not a threat to the officer, person, or another individual and if
  the person has not committed a violation that results in the arrest
  of the person.
               (2)  A peace officer who is acting in the lawful
  discharge of the officer's official duties may temporarily disarm a
  person when the person enters a nonpublic, secure portion of a law
  enforcement facility, if the law enforcement agency provides a gun
  locker where the peace officer can secure the person's handgun.  The
  peace officer shall secure the handgun in the locker and shall
  return the handgun to the person immediately after the person
  leaves the nonpublic, secure portion of the law enforcement
  facility.
               (3)  For purposes of this subsection, "law enforcement
  facility" and "nonpublic, secure portion of a law enforcement
  facility" have the meanings assigned by Section 411.207, Government
  Code.
         SECTION 4.  Article 55.01(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  A person who has been placed under a custodial or
  noncustodial arrest for commission of either a felony or
  misdemeanor is entitled to have all records and files relating to
  the arrest expunged if:
               (1)  the person is tried for the offense for which the
  person was arrested and is:
                     (A)  acquitted by the trial court, except as
  provided by Subsection (c); or
                     (B)  convicted and subsequently:
                           (i)  pardoned for a reason other than that
  described by Subparagraph (ii); [or]
                           (ii)  pardoned or otherwise granted relief
  on the basis of actual innocence with respect to that offense, if
  the applicable pardon or court order clearly indicates on its face
  that the pardon or order was granted or rendered on the basis of the
  person's actual innocence; or
                           (iii)  the statute prohibiting the conduct
  has been repealed and the offense of which the person was convicted
  is an offense related solely to the unlawful possession of a
  firearm; or
               (2)  the person has been released and the charge, if
  any, has not resulted in a final conviction and is no longer pending
  and there was no court-ordered community supervision under Chapter
  42A for the offense, unless the offense is a Class C misdemeanor,
  provided that:
                     (A)  regardless of whether any statute of
  limitations exists for the offense and whether any limitations
  period for the offense has expired, an indictment or information
  charging the person with the commission of a misdemeanor offense
  based on the person's arrest or charging the person with the
  commission of any felony offense arising out of the same
  transaction for which the person was arrested:
                           (i)  has not been presented against the
  person at any time following the arrest, and:
                                 (a)  at least 180 days have elapsed
  from the date of arrest if the arrest for which the expunction was
  sought was for an offense punishable as a Class C misdemeanor and if
  there was no felony charge arising out of the same transaction for
  which the person was arrested;
                                 (b)  at least one year has elapsed from
  the date of arrest if the arrest for which the expunction was sought
  was for an offense punishable as a Class B or A misdemeanor and if
  there was no felony charge arising out of the same transaction for
  which the person was arrested;
                                 (c)  at least three years have elapsed
  from the date of arrest if the arrest for which the expunction was
  sought was for an offense punishable as a felony or if there was a
  felony charge arising out of the same transaction for which the
  person was arrested; or
                                 (d)  the attorney representing the
  state certifies that the applicable arrest records and files are
  not needed for use in any criminal investigation or prosecution,
  including an investigation or prosecution of another person; or
                           (ii)  if presented at any time following the
  arrest, was dismissed or quashed, and the court finds that the
  indictment or information was dismissed or quashed because:
                                 (a)  the person completed a veterans
  treatment court program created under Chapter 124, Government Code,
  or former law, subject to Subsection (a-3);
                                 (b)  the person completed a mental
  health court program created under Chapter 125, Government Code, or
  former law, subject to Subsection (a-4);
                                 (c)  the person completed a pretrial
  intervention program authorized under Section 76.011, Government
  Code, other than a veterans treatment court program created under
  Chapter 124, Government Code, or former law, or a mental health
  court program created under Chapter 125, Government Code, or former
  law;
                                 (d)  the presentment had been made
  because of mistake, false information, or other similar reason
  indicating absence of probable cause at the time of the dismissal to
  believe the person committed the offense; or
                                 (e)  the indictment or information was
  void; or
                     (B)  prosecution of the person for the offense for
  which the person was arrested is no longer possible because the
  limitations period has expired.
         SECTION 5.  Section 37.0815(b), Education Code, is amended
  to read as follows:
         (b)  This section does not authorize a person to possess,
  transport, or store a handgun, a firearm, or ammunition in
  violation of Section 37.125 of this code, Section 46.03 [or
  46.035], Penal Code, or other law.
         SECTION 6.  Subchapter A, Chapter 411, Government Code, is
  amended by adding Section 411.02096 to read as follows:
         Sec. 411.02096.  REPORT REGARDING CERTAIN FIREARM
  STATISTICS. (a) Not later than January 31 of each year, the
  department shall collect information for the preceding calendar
  year related to the carrying of firearms by persons in this state,
  including:
               (1)  the number of persons who applied for a license to
  carry a handgun under Subchapter H compared to the yearly average
  number of people who applied for a license from 2010 through 2020;
  and
               (2)  any other relevant information related to the
  carrying of firearms by persons in this state.
         (b)  The department shall identify the entities that possess
  information required by Subsection (a) and require each entity to
  report the information to the department in the manner prescribed
  by the department.
         (c)  Not later than February 1 of each year, the department
  shall prepare and submit to the governor, the lieutenant governor,
  and each member of the legislature a report that includes the
  information described by Subsection (a).
         (d)  This section expires September 1, 2028.
         SECTION 7.  Sections 411.186(a), (c), and (d), Government
  Code, are amended to read as follows:
         (a)  The department shall revoke a license under this section
  if the license holder:
               (1)  was not entitled to the license at the time it was
  issued;
               (2)  made a material misrepresentation or failed to
  disclose a material fact in an application submitted under this
  subchapter;
               (3)  subsequently becomes ineligible for a license
  under Section 411.172, unless the sole basis for the ineligibility
  is that the license holder is charged with the commission of a Class
  A or Class B misdemeanor or equivalent offense, or of an offense
  under Section 42.01, Penal Code, or equivalent offense, or of a
  felony under an information or indictment;
               (4)  [is convicted of an offense under Section 46.035,
  Penal Code;
               [(5)]  is determined by the department to have engaged
  in conduct constituting a reason to suspend a license listed in
  Section 411.187(a) after the person's license has been previously
  suspended twice for the same reason; or
               (5) [(6)]  submits an application fee that is
  dishonored or reversed if the applicant fails to submit a cashier's
  check or money order made payable to the "Department of Public
  Safety of the State of Texas" in the amount of the dishonored or
  reversed fee, plus $25, within 30 days of being notified by the
  department that the fee was dishonored or reversed.
         (c)  A license holder whose license is revoked for a reason
  listed in Subsections (a)(1)-(4) [(a)(1)-(5)] may reapply as a new
  applicant for the issuance of a license under this subchapter after
  the second anniversary of the date of the revocation if the cause
  for revocation does not exist on the date of the second anniversary.  
  If the cause for revocation exists on the date of the second
  anniversary after the date of revocation, the license holder may
  not apply for a new license until the cause for revocation no longer
  exists and has not existed for a period of two years.
         (d)  A license holder whose license is revoked under
  Subsection (a)(5) [(a)(6)] may reapply for an original or renewed
  license at any time, provided the application fee and a dishonored
  payment charge of $25 is paid by cashier's check or money order made
  payable to the "Texas Department of Public Safety."
         SECTION 8.  Section 411.203, Government Code, is amended to
  read as follows:
         Sec. 411.203.  RIGHTS OF EMPLOYERS. This subchapter does
  not prevent or otherwise limit the right of a public or private
  employer to prohibit persons who are licensed under this subchapter
  from carrying a handgun on the premises of the business. In this
  section, "premises" has the meaning assigned by Section 46.03
  [46.035(f)(3)], Penal Code.
         SECTION 9.  Section 411.2031(a)(3), Government Code, is
  amended to read as follows:
               (3)  "Premises" has the meaning assigned by Section
  46.03 [46.035], Penal Code.
         SECTION 10.  Subchapter H, Chapter 411, Government Code, is
  amended by adding Section 411.2049 to read as follows:
         Sec. 411.2049.  CERTAIN INVESTIGATORY STOPS AND INQUIRIES
  PROHIBITED. A peace officer may not make an investigatory stop or
  other temporary detention to inquire as to a person's possession of
  a handgun solely because the person is carrying a partially or
  wholly visible handgun in a holster.
         SECTION 11.  Sections 411.209(a) and (j), Government Code,
  are amended to read as follows:
         (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.
         (j)  In this section, "premises" has the meaning assigned by
  Section 46.03 [46.035], Penal Code.
         SECTION 12.  Section 552.002(a)(1), Health and Safety Code,
  is amended to read as follows:
               (1)  "License holder" has the meaning assigned by
  Section 46.03 [46.035(f)], Penal Code.
         SECTION 13.  Section 773.0145(a), Health and Safety Code, is
  amended to read as follows:
         (a)  This section applies to:
               (1)  an amusement park, as defined by Section 46.03
  [46.035], Penal Code;
               (2)  a child-care facility, as defined by Section
  42.002, Human Resources Code;
               (3)  a day camp or youth camp, as defined by Section
  141.002;
               (4)  a private or independent institution of higher
  education, as defined by Section 61.003, Education Code;
               (5)  a restaurant, as defined by Section 17.821,
  Business & Commerce Code;
               (6)  a sports venue, as defined by Section 504.151,
  Local Government Code;
               (7)  a youth center, as defined by Section 481.134; or
               (8)  subject to Subsection (b), any other entity that
  the executive commissioner by rule designates as an entity that
  would benefit from the possession and administration of epinephrine
  auto-injectors.
         SECTION 14.  Section 42.042(e-2), Human Resources Code, is
  amended to read as follows:
         (e-2)  The department may not prohibit the foster parent of a
  child who resides in the foster family's home from transporting the
  child in a vehicle where a handgun is present if the handgun is in
  the possession and control of the foster parent and the foster
  parent is not otherwise prohibited by law from carrying a handgun
  [licensed to carry the handgun under Subchapter H, Chapter 411,
  Government Code].
         SECTION 15.  Section 52.062(b), Labor Code, is amended to
  read as follows:
         (b)  Section 52.061 does not prohibit an employer from
  prohibiting an employee who holds a license to carry a handgun under
  Subchapter H, Chapter 411, Government Code, or who otherwise
  lawfully possesses a firearm, from possessing a firearm the
  employee is otherwise authorized by law to possess on the premises
  of the employer's business. In this subsection, "premises" has the
  meaning assigned by Section 46.03 [46.035(f)(3)], Penal Code.
         SECTION 16.  Section 229.001(b), Local Government Code, is
  amended to read as follows:
         (b)  Subsection (a) does not affect the authority a
  municipality has under another law to:
               (1)  require residents or public employees to be armed
  for personal or national defense, law enforcement, or another
  lawful purpose;
               (2)  regulate the discharge of firearms or air guns
  within the limits of the municipality, other than at a sport
  shooting range;
               (3)  except as provided by Subsection (b-1), adopt or
  enforce a generally applicable zoning ordinance, land use
  regulation, fire code, or business ordinance;
               (4)  regulate the use of firearms, air guns, or knives
  in the case of an insurrection, riot, or natural disaster if the
  municipality finds the regulations necessary to protect public
  health and safety;
               (5)  regulate the storage or transportation of
  explosives to protect public health and safety, except that 25
  pounds or less of black powder for each private residence and 50
  pounds or less of black powder for each retail dealer are not
  subject to regulation;
               (6)  regulate the carrying of an air gun or [a] firearm,
  [or air gun by a person] other than a [person licensed to carry a]
  handgun carried by a person not otherwise prohibited by law from
  carrying a handgun [under Subchapter H, Chapter 411, Government
  Code], at a:
                     (A)  public park;
                     (B)  public meeting of a municipality, county, or
  other governmental body;
                     (C)  political rally, parade, or official
  political meeting; or
                     (D)  nonfirearms-related school, college, or
  professional athletic event;
               (7)  [regulate the carrying of a firearm by a person
  licensed to carry a handgun under Subchapter H, Chapter 411,
  Government Code,] in accordance with Section 411.209, Government
  Code, regulate the carrying of a firearm by any person;
               (8)  regulate the hours of operation of a sport
  shooting range, except that the hours of operation may not be more
  limited than the least limited hours of operation of any other
  business in the municipality other than a business permitted or
  licensed to sell or serve alcoholic beverages for on-premises
  consumption;
               (9)  regulate the carrying of an air gun by a minor on:
                     (A)  public property; or
                     (B)  private property without consent of the
  property owner; or
               (10)  except as provided by Subsection (d-1), regulate
  or prohibit an employee's carrying or possession of a firearm,
  firearm accessory, or ammunition in the course of the employee's
  official duties.
         SECTION 17.  Section 30.05, Penal Code, is amended by
  amending Subsections (d) and (f) and adding Subsections (d-3) and
  (f-4) to read as follows:
         (d)  Subject to Subsection (d-3), an [An] offense under this
  section is:
               (1)  a Class B misdemeanor, except as provided by
  Subdivisions (2) and (3);
               (2)  a Class C misdemeanor, except as provided by
  Subdivision (3), if the offense is committed:
                     (A)  on agricultural land and within 100 feet of
  the boundary of the land; or
                     (B)  on residential land and within 100 feet of a
  protected freshwater area; and
               (3)  a Class A misdemeanor if:
                     (A)  the offense is committed:
                           (i)  in a habitation or a shelter center;
                           (ii)  on a Superfund site; or
                           (iii)  on or in a critical infrastructure
  facility;
                     (B)  the offense is committed on or in property of
  an institution of higher education and it is shown on the trial of
  the offense that the person has previously been convicted of:
                           (i)  an offense under this section relating
  to entering or remaining on or in property of an institution of
  higher education; or
                           (ii)  an offense under Section 51.204(b)(1),
  Education Code, relating to trespassing on the grounds of an
  institution of higher education; or
                     (C)  the person carries a deadly weapon during the
  commission of the offense.
         (d-3)  An offense under this section is a Class C misdemeanor
  punishable by a fine not to exceed $200 if the person enters the
  property, land, or building with a firearm or other weapon and the
  sole basis on which entry on the property or land or in the building
  was forbidden is that entry with a firearm or other weapon was
  forbidden, except that the offense is a Class A misdemeanor if it is
  shown on the trial of the offense that, after entering the property,
  land, or building with the firearm or other weapon, the actor:
               (1)  personally received from the owner of the property
  or another person with apparent authority to act for the owner
  notice that entry with a firearm or other weapon was forbidden, as
  given through:
                     (A)  notice under Subsection (b)(2)(A), including
  oral or written communication; or
                     (B)  if the actor is unable to reasonably
  understand the notice described by Paragraph (A), other personal
  notice that is reasonable under the circumstances; and 
               (2)  subsequently failed to depart.
         (f)  It is a defense to prosecution under this section that:
               (1)  the basis on which entry on the property or land or
  in the building was forbidden is that entry with a handgun was
  forbidden; and
               (2)  the person was 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.
         (f-4)  It is a defense to prosecution under this section
  that:
               (1)  the sole basis on which entry on the property or
  land or in the building was forbidden is that entry with a firearm
  or other weapon was forbidden; and
               (2)  the actor: 
                     (A)  personally received from the owner of the
  property or another person with apparent authority to act for the
  owner notice that entry with a firearm or other weapon was
  forbidden, as given through:
                           (i)  notice under Subsection (b)(2)(A),
  including oral or written communication; or
                           (ii)  if the actor is unable to reasonably
  understand the notice described by Subparagraph (i), other personal
  notice that is reasonable under the circumstances; and 
                     (B)  promptly departed from the property.
         SECTION 18.  Section 30.06(c)(2), Penal Code, is amended to
  read as follows:
               (2)  "License holder" has the meaning assigned by
  Section 46.03 [46.035(f)].
         SECTION 19.  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 20.  Section 30.07(c)(2), Penal Code, is amended to
  read as follows:
               (2)  "License holder" has the meaning assigned by
  Section 46.03 [46.035(f)].
         SECTION 21.  Sections 30.07(e) and (f), Penal Code, are
  amended to read as follows:
         (e)  It is an exception to the application of this section
  that the property on which the license holder openly carries the
  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].
         (f)  It is not a defense to prosecution under this section
  that the handgun was carried in a [shoulder or belt] holster.
         SECTION 22.  Section 46.02, Penal Code, is amended by
  amending Subsections (a), (a-1), and (b) and adding Subsection
  (a-5) to read as follows:
         (a)  A person commits an offense if the person:
               (1)  intentionally, knowingly, or recklessly carries
  on or about his or her person a handgun; [and]
               (2)  is younger than 21 years of age at the time of the
  offense; and
               (3)  is not:
                     (A)  on the person's own premises or premises
  under the person's control; or
                     (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.
         (a-1)  A person younger than 21 years of age commits an
  offense if the person intentionally, knowingly, or recklessly
  carries on or about his or her person a handgun in a motor vehicle or
  watercraft that is owned by the person or under the person's control
  at any time in which:
               (1)  the handgun is in plain view, unless the person is
  licensed to carry a handgun under Subchapter H, Chapter 411,
  Government Code, and the handgun is carried in a [shoulder or belt]
  holster; or
               (2)  the person is:
                     (A)  engaged in criminal activity, other than a
  Class C misdemeanor that is a violation of a law or ordinance
  regulating traffic or boating; or
                     (B)  prohibited by law from possessing a firearm[;
  or
                     [(C)  a member of a criminal street gang, as
  defined by Section 71.01].
         (a-5)  A person commits an offense if the person carries a
  handgun and intentionally displays the handgun in plain view of
  another person in a public place. It is an exception to the
  application of this subsection that the handgun was partially or
  wholly visible but was carried in a holster.
         (b)  Except as provided by Subsection [(c) or] (d), an
  offense under this section is a Class A misdemeanor.
         SECTION 23.  Section 46.03, Penal Code, is amended by
  amending Subsections (a), (c), (e-1), (e-2), and (g) and adding
  Subsections (a-2), (a-3), (a-4), and (g-2) 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, 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 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 premises of a polling place 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;
               (7)  on the premises of a business that has a permit or
  license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
  Beverage Code, if the business derives 51 percent or more of its
  income from the sale or service of alcoholic beverages for
  on-premises consumption, as determined by the Texas Alcoholic
  Beverage Commission under Section 104.06, Alcoholic Beverage Code;
               (8)  on the premises where a high school, collegiate,
  or professional sporting event or interscholastic event is taking
  place, unless the person is a participant in the event and a
  firearm, location-restricted knife, club, or prohibited weapon
  listed in Section 46.05(a) is used in the event;
               (9)  on the premises of a correctional facility;
               (10)  on the premises of a civil commitment facility;
               (11)  on the premises of a hospital licensed under
  Chapter 241, Health and Safety Code, or on the premises of a nursing
  facility licensed under Chapter 242, Health and Safety Code, unless
  the person has written authorization of the hospital or nursing
  facility administration, as appropriate;
               (12)  on the premises of a mental hospital, as defined
  by Section 571.003, Health and Safety Code, unless the person has
  written authorization of the mental hospital administration;
               (13)  in an amusement park; or
               (14)  in the room or rooms where a meeting of a
  governmental entity is held, if the meeting is an open meeting
  subject to Chapter 551, Government Code, and if the entity provided
  notice as required by that chapter.
         (a-2)  Notwithstanding Section 46.02(a-5), a license holder
  commits an offense if the license holder carries a partially or
  wholly visible handgun, regardless of whether the handgun is
  holstered, on or about the license holder's person under the
  authority of Subchapter H, Chapter 411, Government Code, and
  intentionally or knowingly displays the handgun in plain view of
  another person:
               (1)  on the premises of an institution of higher
  education or private or independent institution of higher
  education; or
               (2)  on any public or private driveway, street,
  sidewalk or walkway, parking lot, parking garage, or other parking
  area of an institution of higher education or private or
  independent institution of higher education.
         (a-3)  Notwithstanding Subsection (a) or Section 46.02(a-5),
  a license holder commits an offense if the license holder carries a
  handgun on the campus of a private or independent institution of
  higher education in this state that has established rules,
  regulations, or other provisions prohibiting license holders from
  carrying handguns pursuant to Section 411.2031(e), Government
  Code, or on the grounds or building on which an activity sponsored
  by such an institution is being conducted, or in a passenger
  transportation vehicle of such an institution, regardless of
  whether the handgun is concealed, provided the institution gives
  effective notice under Section 30.06.
         (a-4)  Notwithstanding Subsection (a) or Section 46.02(a-5),
  a license holder commits an offense if the license holder
  intentionally carries a concealed handgun on a portion of a
  premises located on the campus of an institution of higher
  education in this state on which the carrying of a concealed handgun
  is prohibited by rules, regulations, or other provisions
  established under Section 411.2031(d-1), Government Code, provided
  the institution gives effective notice under Section 30.06 with
  respect to that portion.
         (c)  In this section:
               (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.
               (2)  "Institution of higher education" and "private or
  independent institution of higher education" have the meanings
  assigned by Section 61.003, Education Code.
               (3)  "License holder" means a person licensed to carry
  a handgun under Subchapter H, Chapter 411, Government Code.
               (4)  "Premises" means a building or a portion of a
  building. The term does not include any public or private driveway,
  street, sidewalk or walkway, parking lot, parking garage, or other
  parking area.
               (5) [(2)  "Amusement park" and "premises" have the
  meanings assigned by Section 46.035.
               [(3)]  "Secured area" means an area of an airport
  terminal building to which access is controlled by the inspection
  of persons and property under federal law.
         (e-1)  It is a defense to prosecution under Subsection (a)(5)
  that the actor:
               (1)  possessed, at the screening checkpoint for the
  secured area, a [concealed] handgun that the actor was licensed to
  carry under Subchapter H, Chapter 411, Government Code; and
               (2)  exited the screening checkpoint for the secured
  area immediately upon completion of the required screening
  processes and notification that the actor possessed the handgun.
         (e-2)  A peace officer investigating conduct that may
  constitute an offense under Subsection (a)(5) and that consists
  only of an actor's possession of a [concealed] handgun that the
  actor is licensed to carry under Subchapter H, Chapter 411,
  Government Code, may not arrest the actor for the offense unless:
               (1)  the officer advises the actor of the defense
  available under Subsection (e-1) and gives the actor an opportunity
  to exit the screening checkpoint for the secured area; and
               (2)  the actor does not immediately exit the checkpoint
  upon completion of the required screening processes.
         (g)  Except as provided by Subsections [Subsection] (g-1)
  and (g-2), an offense under this section is a felony of the third
  degree.
         (g-2)  An offense committed under Subsection (a)(8),
  (a)(10), (a)(11), (a)(13), (a-2), (a-3), or (a-4) is a Class A
  misdemeanor.
         SECTION 24.  Section 46.04, Penal Code, is amended by adding
  Subsection (a-1) and amending Subsection (e) to read as follows:
         (a-1)  A person who is a member of a criminal street gang, as
  defined by Section 71.01, commits an offense if the person
  intentionally, knowingly, or recklessly carries on or about his or
  her person a handgun in a motor vehicle or watercraft.
         (e)  An offense under Subsection (a) is a felony of the third
  degree. An offense under Subsection (a-1), (b), or (c) is a Class A
  misdemeanor.
         SECTION 25.  Section 46.15, Penal Code, is amended by
  amending Subsections (b) and (l) and adding Subsection (m) to read
  as follows:
         (b)  Sections [Section] 46.02, 46.03(a)(14), and 46.04(a-1)
  do [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
               (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.
         (l)  Sections 46.02 and[,] 46.03(a)(1), (a)(2), (a)(3), and
  (a)(4)[, and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(5), and
  (b)(6)] do not apply to a person who carries a handgun if:
               (1)  the person carries the 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 handgun;
               (3)  the person carrying the handgun complies with any
  rules and regulations of the owner, controller, or operator of the
  premises that govern the carrying of a handgun on the premises; and
               (4)  the person is not prohibited by state or federal
  law from possessing a firearm.
         (m)  Section 46.03 does not apply to a person unless the
  person:
               (1)  personally received from the owner of the property
  or another person with apparent authority to act for the owner
  notice that carrying a weapon on the property was prohibited, as
  given through:
                     (A)  oral or written communication; or
                     (B)  if the person is unable to reasonably
  understand the communication described by Paragraph (A), other
  personal notice that is reasonable under the circumstances; and 
               (2)  subsequently failed to depart.
         SECTION 26.  The following provisions are repealed:
               (1)  Section 11.041, Alcoholic Beverage Code;
               (2)  Section 11.61(e), Alcoholic Beverage Code;
               (3)  Section 61.11, Alcoholic Beverage Code;
               (4)  Section 61.71(f), Alcoholic Beverage Code;
               (5)  Section 411.198(b), Government Code;
               (6)  Section 411.204(d), Government Code;
               (7)  Section 411.206(c), Government Code;
               (8)  Section 46.02(c), Penal Code;
               (9)  Section 46.03(a-1), Penal Code; and
               (10)  Section 46.035, Penal Code.
         SECTION 27.  Notwithstanding Section 411.02096, Government
  Code, as added by this Act, the Department of Public Safety is not
  required to submit the initial report required by that section
  before February 1, 2023.
         SECTION 28.  The changes in law made by this Act apply 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 on the date 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 29.  This Act takes effect September 1, 2021.
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