Bill Text: TX HB308 | 2015-2016 | 84th Legislature | Comm Sub


Bill Title: Relating to the places where a person may carry a handgun if the person is licensed to carry a concealed handgun; amending provisions subject to a criminal penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-05-08 - Committee report sent to Calendars [HB308 Detail]

Download: Texas-2015-HB308-Comm_Sub.html
  84R26605 E
 
  By: Springer H.B. No. 308
 
  Substitute the following for H.B. No. 308:
 
  By:  Phillips C.S.H.B. No. 308
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the places where a person may carry a handgun if the
  person is licensed to carry a concealed handgun; amending
  provisions subject to a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 30.06(d), Penal Code, is amended to read
  as follows:
         (d)  An offense under this section is a Class C misdemeanor
  punishable by a fine not to exceed $200, except that the offense is
  a Class A misdemeanor if it is shown on the trial of the offense
  that, after entering the property, the license holder was
  personally given the notice by oral communication described by
  Subsection (b) and subsequently failed to depart.
         SECTION 2.  Section 46.03, Penal Code, is amended by
  amending Subsection (a) and adding Subsection (b-1) to read as
  follows:
         (a)  A person commits an offense if the person intentionally,
  knowingly, or recklessly possesses or goes with a firearm, illegal
  knife, club, or prohibited weapon listed in Section 46.05(a):
               (1)  unless pursuant to written regulations or written
  authorization of a school or educational institution, and
  regardless of whether the school or educational institution is
  public or private, on:
                     (A)  the physical premises of the [a] school or
  educational institution;
                     (B)  the portion of[,] any grounds or building on
  which an activity sponsored by the [a] school or educational
  institution is being conducted; [,] or
                     (C)  a passenger transportation vehicle of the [a]
  school or educational institution[, whether the school or
  educational institution is public or private, unless pursuant to
  written regulations or written authorization of the institution];
               (2)  on the portion of the premises of a polling place
  where voting or other election-related activities are occurring 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.
         (b-1)  It is a defense to prosecution under Subsection
  (a)(1)(B) that at the time of the commission of the offense:
               (1)  the actor was carrying a handgun under the
  authority of Subchapter H, Chapter 411, Government Code, and no
  other weapon to which this section applies;
               (2)  the actor was not otherwise prohibited from
  carrying the handgun under another provision of this code or other
  law;
               (3)  the activity sponsored by the school or
  educational institution was a field trip; and
               (4)  the actor was not a student, teacher, school or
  school district administrator, or chaperone taking the field trip.
         SECTION 3.  Section 46.035, Penal Code, as amended by
  Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
  Legislature, Regular Session, 2007, is amended to read as follows:
         Sec. 46.035.  UNLAWFUL CARRYING OF HANDGUN BY LICENSE
  HOLDER. (a)  A license holder commits an offense if the license
  holder carries a handgun on or about the license holder's person
  under the authority of Subchapter H, Chapter 411, Government Code,
  and intentionally displays the handgun in plain view of another
  person in a public place.
         (b)  A license holder commits an offense if the license
  holder intentionally, knowingly, or recklessly carries a handgun
  under the authority of Subchapter H, Chapter 411, Government Code,
  regardless of whether the handgun is concealed, on or about the
  license holder's person:
               (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 license holder is a participant in the event and a
  handgun is used in the event; or
               (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
  license holder has written authorization of the hospital or nursing
  home administration, as appropriate;
               [(5)  in an amusement park; or
               [(6)     on the premises of a church, synagogue, or other
  established place of religious worship].
         (c)  A license holder commits an offense if the license
  holder intentionally, knowingly, or recklessly carries a handgun
  under the authority of Subchapter H, Chapter 411, Government Code,
  regardless of whether the handgun is concealed, at any meeting of a
  governmental entity.
         (d)  A license holder commits an offense if, while
  intoxicated, the license holder carries a handgun under the
  authority of Subchapter H, Chapter 411, Government Code, regardless
  of whether the handgun is concealed.
         (e)  A license holder who is licensed as a 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.
         (f)  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)]  "License holder" means a person licensed to
  carry a handgun under Subchapter H, Chapter 411, Government Code.
               (2) [(3)]  "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.
         (g)  An offense under this section [Subsection (a), (b), (c),
  (d), or (e)] is a Class C [A] misdemeanor, unless the offense is
  committed under Subsection (d) or the license holder has previously
  been convicted of an offense under this section [(b)(1) or (b)(3)],
  in which event the offense is a Class A misdemeanor [felony of the
  third degree].
         (h)  It is a defense to prosecution under Subsection (a) that
  the actor, at the time of the commission of the offense, displayed
  the handgun under circumstances in which the actor would have been
  justified in the use of force or deadly force under Chapter 9.
         (h-1)  It is a defense to prosecution under Subsections (b)
  and (c) that the actor, at the time of the commission 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.
         [(h-1) It is a defense to prosecution under Subsections
  (b)(1), (2), and (4)-(6), and (c) that at 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.]
         (i)  Subsection [Subsections (b)(4), (b)(5), (b)(6), and]
  (c) does [do] not apply if the actor was not given effective notice
  under Section 30.06.
         (j)  Subsections (a) and (b)(1) do not apply to a historical
  reenactment performed in compliance with the rules of the Texas
  Alcoholic Beverage Commission.
         (k)  It is a defense to prosecution under Subsection (b)(1)
  that the actor was not given effective notice under Section
  411.204, Government Code.
         SECTION 4.  Section 411.201(a)(2), Government Code, is
  amended to read as follows:
               (2)  "Retired judicial officer" means:
                     (A)  a special judge appointed under Section
  26.023 or 26.024; [or]
                     (B)  a senior judge designated under Section
  75.001 or a judicial officer as designated or defined by Section
  75.001, 831.001, or 836.001; or
                     (C)  a retired federal judge who is a resident of
  this state.
         SECTION 5.  Section 411.204(c), Government Code, is amended
  to read as follows:
         (c)  The sign required under Subsection [Subsections] (a)
  [and (b)] must give notice in both English and Spanish that it is
  unlawful for a person licensed under this subchapter to carry a
  handgun on the premises. The sign must appear in contrasting colors
  with block letters at least one inch in height and must include on
  its face the number "51" printed in solid red at least five inches
  in height. The sign shall be displayed in a conspicuous manner
  clearly visible to the public.
         SECTION 6.  Section 411.204(b), Government Code, is
  repealed.
         SECTION 7.  The change in law made by this Act applies 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 when 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 8.  This Act takes effect January 1, 2016.
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