Bill Text: TX HB195 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the carrying of handguns; providing for the open carrying of handguns; removing the requirement that a person who may lawfully possess handguns obtain a Concealed Handgun License in order to carry a handgun lawfully in the state of Texas, and conforming changes.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Introduced - Dead) 2015-02-10 - Referred to Homeland Security & Public Safety [HB195 Detail]
Download: Texas-2015-HB195-Introduced.html
By: Stickland | H.B. No. 195 |
|
||
|
||
relating to the carrying of handguns; providing for the open | ||
carrying of handguns; removing the requirement that a person who | ||
may lawfully possess handguns obtain a Concealed Handgun License in | ||
order to carry a handgun lawfully in the state of Texas, and | ||
conforming changes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This act shall be known and cited as the Texas | ||
Constitutional Carry Act of 2015. | ||
SECTION 2. Section 46.02 Penal Code is amended to read as | ||
follows: | ||
Sec. 46.02. UNLAWFUL CARRYING WEAPONS. | ||
[ |
||
|
||
|
||
[ |
||
|
||
[ |
||
|
||
|
||
(a) [ |
||
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 the | ||
person is: | ||
[ |
||
[ |
||
(1) [ |
||
Class C misdemeanor that is a violation of a law or ordinance | ||
regulating traffic or boating; | ||
(2) [ |
||
or | ||
(3) [ |
||
defined by Section71.01. | ||
SECTION 3. Sect. 46.035, Penal Code, is amended to read as | ||
follows: | ||
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN [ |
||
|
||
[ |
||
|
||
|
||
|
||
(a) [ |
||
handgun commits an offense if they [ |
||
intentionally, knowingly, or recklessly [ |
||
[ |
||
|
||
[ |
||
(1) 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; | ||
(2) on the premises where a high school, collegiate, | ||
or professional sporting event or interscholastic event is taking | ||
place, unless the [ |
||
event where [ |
||
(3) on the premises of a correctional facility; | ||
(4) on the premises of a hospital licensed under | ||
Chapter 241, Health and Safety Code, or on the premises of a nursing | ||
home licensed under Chapter 242, Health and Safety Code, unless the | ||
[ |
||
or nursing home administration, as appropriate; | ||
(5) in an amusement park; [ |
||
(6) on the premises of a church, synagogue, or other | ||
established place of religious worship; [ |
||
(7) |
||
|
||
|
||
|
||
any meeting of a governmental entity; [ |
||
(8) |
||
while intoxicated [ |
||
|
||
|
||
(b) [ |
||
security officer under Chapter 1702, Occupations Code, and employed | ||
as a security officer commits an offense if, while in the course and | ||
scope of the security officer's employment, the security officer | ||
violates a provision of Subchapter H, Chapter 411, Government Code. | ||
(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) [ |
||
a building. The term does not include any public or private | ||
driveway, street, sidewalk or walkway, parking lot, parking garage, | ||
or other parking area. | ||
(3) "Intoxicated" has the meaning assigned by Section | ||
49.01, Penal Code. | ||
(d) [ |
||
|
||
under Subsection (a)(1) [ |
||
the offense is a felony of the third degree. | ||
[ |
||
|
||
|
||
|
||
(e) [ |
||
(a)(1), (a)(2), (a)(3), (a)(4), (a)(5), and (a)(6), [ |
||
|
||
of the offense, was: | ||
(1) an active judicial officer, as defined by Section | ||
411.201, Government Code; or | ||
(2) a bailiff designated by the active judicial | ||
officer and engaged in escorting the officer. | ||
(f) [ |
||
Subsections (a)(1) [ |
||
the time of the commission of the offense, the actor was: | ||
(1) a judge or justice of a federal court; | ||
(2) an active judicial officer, as defined by Section | ||
411.201, Government Code; or | ||
(3) a district attorney, assistant district attorney, | ||
criminal district attorney, assistant criminal district attorney, | ||
county attorney, or assistant county attorney. | ||
(g) [ |
||
(a)(7) [ |
||
was not given effective notice under Section 30.06. | ||
(h) [ |
||
historical reenactment performed in compliance with the rules of | ||
the Texas Alcoholic Beverage Commission. | ||
(i) [ |
||
Subsection(a)(1) [ |
||
notice under Section 411.204, Government Code. | ||
SECTION 4. Sect. 46.15, Penal Code, is amended by adding | ||
Subsection (k) to read as follows: | ||
(k) Notwithstanding any other provision of this chapter or | ||
any other law to the contrary, no person shall be required to obtain | ||
any license to carry a handgun as a condition for being able to | ||
carry handguns openly or concealed in the State of Texas except a | ||
person who is prohibited from possessing a handgun under 18 USC § | ||
922. | ||
SECTION 5. Sect. 411.207, Government Code, Subsection (A) | ||
is amended to read as follows: | ||
AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who | ||
is acting in the lawful discharge of the officer's official duties | ||
may disarm a [ |
||
any time the officer [ |
||
|
||
|
||
another individual. The peace officer shall return the handgun to | ||
the [ |
||
person from the scene if the officer determines that the [ |
||
|
||
|
||
has not [ |
||
any [ |
||
|
||
openly or concealed, with or without a Concealed Handgun License, | ||
shall not constitute probable cause for a peace officer to disarm or | ||
detain an otherwise law-abiding person. | ||
SECTION 5. Sect. 411.205, Government Code is herby | ||
repealed. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect on the 91st day after the last day of the | ||
legislative session. |