Bill Text: TX HB375 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to providing for the carrying of handguns without a license and to related offenses and penalties.

Sponsorship: Partisan Bill (Republican 18)

Status: (Introduced - Dead) 2017-03-28 - Left pending in committee [HB375 Detail]

Download: Texas-2017-HB375-Introduced.html

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85R2553 TYPED
By: Stickland H.B. No. 375

A BILL TO BE ENTITLED
AN ACT
relating to providing for the carrying of handguns without a
license and to related offenses and penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Texas
Constitutional Carry Act of 2017.
SECTION 2. Section 46.02, Penal Code, is amended by
amending Subsection (a) to read as follows:
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly carries on or about his or her person an
[handgun,] illegal knife[,] or club if the person is not:
(1) on the person's own premises or premises under the
person's control; or
(2) inside of or directly en route to a motor vehicle
or watercraft that is owned by the person or under the person's
control.
SECTION 3. Section 46.03, Penal Code, is amended by
amending Subsections (e-1) and (e-2) to read as follows:
(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 not otherwise
prohibited by law from possessing [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
was not otherwise prohibited by law from possessing [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.
SECTION 4. The heading to Section 46.035, Penal Code, is
amended to read as follows:
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN [BY LICENSE
HOLDER].
SECTION 5. Section 46.035, Penal Code, is amended by
amending Subsections (a), (a-1), (a-2), (a-3), (b), and (f) to read
as follows:
(a) A person [license holder] commits an offense if the
person [license holder] carries a handgun on or about his or her
[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, unless [.
It is an exception to the application of this subsection that] the
handgun [was partially or wholly visible but was] is carried in a
shoulder or belt holster [by the license holder].
(a-1) Notwithstanding Subsection (a), a person [license
holder] commits an offense if the person [license holder] carries a
partially or wholly visible handgun, regardless of whether the
handgun is holstered, on or about his or her [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-2) Notwithstanding Subsection (a) or Section 46.03(a), a
person [license holder] commits an offense if the person [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 persons
[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-3) Notwithstanding Subsection (a) or Section 46.03(a), a
person [license holder] commits an offense if the person [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.
(b) A person [license holder] commits an offense if the
person [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 or carried in a shoulder or belt holster,] on or about his
or her [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 person [license holder] is a participant in the
event and a handgun is used in the event;
(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
facility licensed under Chapter 242, Health and Safety Code, unless
the person [license holder] has written authorization of the
hospital or nursing facility administration, as appropriate;
(5) in an amusement park; [or]
(6) on the premises of a church, synagogue, or other
established place of religious worship;[.]
(7) 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 the entity provided
notice as required by that chapter;
(8) while intoxicated;
(9) while engaged in criminal activity, other than a
Class C misdemeanor; or
(10) while otherwise prohibited by law from possessing
a firearm.
(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.
(1-a) "Institution of higher education" and "private
or independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
(2) "Intoxicated" has the meaning assigned by Section
49.01 ["License holder" means a person licensed to carry a handgun
under Subchapter H, Chapter 411, Government Code].
(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.
SECTION 6. Section 46.035(h-1), Penal Code, as added by
Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
Session, 2007, is reenacted and amended to read as follows:
(h-1) It is a defense to prosecution under Subsections
(b)(1)-(7) [(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[.];
(3) a judge or justice of a federal court; or
(4) a district attorney, assistant district attorney,
criminal district attorney, assistant criminal district attorney,
county attorney, or assistant county attorney.
SECTION 7. Section 46.035(i), Penal Code, is amended to
read as follows:
(i) Subsections (b)(4)-(7) [(b)(4), (b)(5), (b)(6), and
(c)] do not apply if the actor was not given effective notice under
Section 30.06 or 30.07.
SECTION 8. Section 46.15(a), Penal Code, is amended to read
as follows:
(a) Sections 46.02, and 46.03, and 46.035(b)(1)-(7) do not
apply to:
(1) peace officers or special investigators under
Article 2.122, Code of Criminal Procedure, and neither section
prohibits a peace officer or special investigator from carrying a
weapon in this state, including in an establishment in this state
serving the public, regardless of whether the peace officer or
special investigator is engaged in the actual discharge of the
officer's or investigator's duties while carrying the weapon;
(2) parole officers and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code;
(4) an active judicial officer as defined by Section
411.201, Government Code, who is licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code;
(5) an honorably retired peace officer, qualified
retired law enforcement officer, federal criminal investigator, or
former reserve law enforcement officer who holds a certificate of
proficiency issued under Section 1701.357, Occupations Code, and is
carrying a photo identification that is issued by a federal, state,
or local law enforcement agency, as applicable, and that verifies
that the officer is:
(A) an honorably retired peace officer;
(B) a qualified retired law enforcement officer;
(C) a federal criminal investigator; or
(D) a former reserve law enforcement officer who
has served in that capacity not less than a total of 15 years with
one or more state or local law enforcement agencies;
(6) a district attorney, criminal district attorney,
county attorney, or municipal attorney who is licensed to carry a
handgun under Subchapter H, Chapter 411, Government Code;
(7) an assistant district attorney, assistant
criminal district attorney, or assistant county attorney who is
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code;
(8) a bailiff designated by an active judicial officer
as defined by Section 411.201, Government Code, who is:
(A) licensed to carry a handgun under Subchapter
H, Chapter 411, Government Code; and
(B) engaged in escorting the judicial officer; or
(9) a juvenile probation officer who is authorized to
carry a firearm under Section 142.006, Human Resources Code.
SECTION 9. Section 46.15, Penal Code, is amended by adding
Subsection (k) to read as follows:
(k) Notwithstanding any other law to the contrary, a person
who is not otherwise prohibited by law from possessing a firearm
shall not be required to obtain any license to carry a handgun as a
condition for carrying a handgun.
SECTION 10. 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) regulate the use of property, the location of a
business, or uses at a business under the municipality's fire code,
zoning ordinance, or land-use regulations as long as the code,
ordinance, or regulations are not used to circumvent the intent of
Subsection (a) or Subdivision (5) of this subsection;
(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 a firearm or air gun by a
person other than a person licensed to carry a concealed handgun
under Subchapter H, Chapter 411, Government Code, at a:
(A) [public park;
[(B)] public meeting of a municipality, county,
or other governmental body; or
[(C) political rally, parade, or official
political meeting; or
(B) [(D)] nonfirearms-related school, college,
or professional athletic event;
(7) 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; or
(8) regulate the carrying of an air gun by a minor on:
(A) public property; or
(B) private property without consent of the
property owner.
SECTION 11. Section 411.2031, Government Code, is amended
to read as follows:
Sec. 411.2031. CARRYING OF HANDGUNS [BY LICENSE HOLDERS] ON
CERTAIN CAMPUSES. (a) For purposes of this section:
(1) "Campus" means all land and buildings owned or
leased by an institution of higher education or private or
independent institution of higher education.
(2) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
(3) "Premises" has the meaning assigned by Section
46.035, Penal Code.
(b) A person [license holder] may carry a concealed handgun
on or about his or her [the license holder's] person while the
person [license holder] is on the campus of an institution of higher
education or private or independent institution of higher education
in this state.
(c) Except as provided by Subsection (d), (d-1), or (e), an
institution of higher education or private or independent
institution of higher education in this state may not adopt any
rule, regulation, or other provision prohibiting persons [license
holders] from carrying handguns on the campus of the institution.
(d) An institution of higher education or private or
independent institution of higher education in this state may
establish rules, regulations, or other provisions concerning the
storage of handguns in dormitories or other residential facilities
that are owned or leased and operated by the institution and located
on the campus of the institution.
(d-1) After consulting with students, staff, and faculty of
the institution regarding the nature of the student population,
specific safety considerations, and the uniqueness of the campus
environment, the president or other chief executive officer of an
institution of higher education in this state shall establish
reasonable rules, regulations, or other provisions regarding the
carrying of concealed handguns by persons [license holders] on the
campus of the institution or on premises located on the campus of
the institution. The president or officer may not establish
provisions that generally prohibit or have the effect of generally
prohibiting persons [license holders] from carrying concealed
handguns on the campus of the institution. The president or officer
may amend the provisions as necessary for campus safety. The
provisions take effect as determined by the president or officer
unless subsequently amended by the board of regents or other
governing board under Subsection (d-2). The institution must give
effective notice under Section 30.06, Penal Code, with respect to
any portion of a premises on which persons [license holders] may not
carry.
(d-2) Not later than the 90th day after the date that the
rules, regulations, or other provisions are established as
described by Subsection (d-1), the board of regents or other
governing board of the institution of higher education shall review
the provisions. The board of regents or other governing board may,
by a vote of not less than two-thirds of the board, amend wholly or
partly the provisions established under Subsection (d-1). If
amended under this subsection, the provisions are considered to be
those of the institution as established under Subsection (d-1).
(d-3) An institution of higher education shall widely
distribute the rules, regulations, or other provisions described by
Subsection (d-1) to the institution's students, staff, and faculty,
including by prominently publishing the provisions on the
institution's Internet website.
(d-4) Not later than September 1 of each even-numbered year,
each institution of higher education in this state shall submit a
report to the legislature and to the standing committees of the
legislature with jurisdiction over the implementation and
continuation of this section that:
(1) describes its rules, regulations, or other
provisions regarding the carrying of concealed handguns on the
campus of the institution; and
(2) explains the reasons the institution has
established those provisions.
(e) A private or independent institution of higher
education in this state, after consulting with students, staff, and
faculty of the institution, may establish rules, regulations, or
other provisions prohibiting persons [license holders] from
carrying handguns on the campus of the institution, any grounds or
building on which an activity sponsored by the institution is being
conducted, or a passenger transportation vehicle owned by the
institution.
SECTION 12. Section 411.2032, Government Code, is amended
to read as follows:
Sec. 411.2032. TRANSPORTATION AND STORAGE OF FIREARMS AND
AMMUNITION [BY LICENSE HOLDERS] IN PRIVATE VEHICLES ON CERTAIN
CAMPUSES. (a) For purposes of this section:
(1) "Campus" means all land and buildings owned or
leased by an institution of higher education or private or
independent institution of higher education.
(2) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
(b) An institution of higher education or private or
independent institution of higher education in this state may not
adopt or enforce any rule, regulation, or other provision or take
any other action, including posting notice under Section 30.06 or
30.07, Penal Code, prohibiting or placing restrictions on the
storage or transportation of a firearm or ammunition in a locked,
privately owned or leased motor vehicle by a person, including a
student enrolled at that institution, who [holds a license to carry
a handgun under this subchapter and] lawfully possesses the firearm
or ammunition:
(1) on a street or driveway located on the campus of
the institution; or
(2) in a parking lot, parking garage, or other parking
area located on the campus of the institution.
SECTION 13. Section 411.207, Government Code, is amended by
amending Subsections (a)-(c) to read as follows:
(a) A peace officer who is acting in the lawful discharge of
the officer's official duties may disarm a person [license holder]
at any time the officer reasonably believes it is necessary for the
protection of the person [license holder], officer, or another
individual. The peace officer shall return the handgun to the
person [license holder] before discharging the person [license
holder] from the scene if the officer determines that the person
[license holder] is not a threat to himself or herself, the officer,
[license holder,] or another individual and if the person [license
holder] has not [violated any provision of this subchapter or]
committed any other violation that results in the arrest of the
person [license holder]. The mere possession or carrying of a
handgun, openly or concealed, with or without a license issued
under this subchapter, shall not constitute reasonable belief for a
peace officer to disarm or detain an otherwise law-abiding person.
(b) A peace officer who is acting in the lawful discharge of
the officer's official duties may temporarily disarm a person
[license holder] when a person [license holder] 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 [license holder's] handgun. The peace
officer shall secure the handgun in the locker and shall return the
handgun to the person [license holder] immediately after the person
[license holder] leaves the nonpublic, secure portion of the law
enforcement facility.
(c) A law enforcement facility shall prominently display at
each entrance to a nonpublic, secure portion of the facility a sign
that gives notice in both English and Spanish that, under this
section, a peace officer may temporarily disarm a person [license
holder] when the person [license holder] enters the nonpublic,
secure portion of the facility. The sign must appear in contrasting
colors with block letters at least one inch in height. The sign
shall be displayed in a clearly visible and conspicuous manner.
SECTION 14. Section 30.05(f), Penal Code, is amended to
read as follows:
(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 concealed handgun and a
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun].
SECTION 15. Section 30.06, Penal Code, is amended to read as
follows:
Sec. 30.06. TRESPASS BY PERSON IN POSSESSION OF A [LICENSE
HOLDER WITH A] CONCEALED HANDGUN. (a) A person [license holder]
commits an offense if the person [license holder]:
(1) carries a concealed handgun [under the authority
of Subchapter H, Chapter 411, Government Code,] on property of
another without effective consent; and
(2) received notice that entry on the property by a
person [license holder] with a concealed handgun was forbidden.
(b) For purposes of this section, a person receives notice
if the owner of the property or someone with apparent authority to
act for the owner provides notice to the person by oral or written
communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) ["License holder" has the meaning assigned by
Section 46.035(f).
[(3)] "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.06,
Penal Code (trespass by person in possession of [license holder
with] a concealed handgun), a person [licensed under Subchapter H,
Chapter 411, Government Code (handgun licensing law),] may not
enter this property while in possession of [with] a concealed
handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public.
(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 person [license holder] was
personally given the notice by oral communication described by
Subsection (b) and subsequently failed to depart.
(e) It is an exception to the application of this section
that the property on which the person [license holder] carries a
handgun is owned or leased by a governmental entity and is not a
premises or other place on which the person [license holder] is
prohibited from carrying the handgun under Section 46.03 or 46.035.
SECTION 16. Section 30.07, Penal Code, is amended to read as
follows:
Sec. 30.07. TRESPASS BY PERSON IN POSSESSION OF [LICENSE
HOLDER WITH] AN OPENLY CARRIED HANDGUN. (a) A person [license
holder] commits an offense if the person [license holder]:
(1) openly carries a handgun [under the authority of
Subchapter H, Chapter 411, Government Code,] on property of another
without effective consent; and
(2) received notice that entry on the property by a
person [license holder] openly carrying a handgun was forbidden.
(b) For purposes of this section, a person receives notice
if the owner of the property or someone with apparent authority to
act for the owner provides notice to the person by oral or written
communication.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) ["License holder" has the meaning assigned by
Section 46.035(f).
[(3)] "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.07,
Penal Code (trespass by person in possession of [license holder
with] an openly carried handgun), a person [licensed under
Subchapter H, Chapter 411, Government Code (handgun licensing
law),] may not enter this property with a handgun that is carried
openly"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public at each entrance to the property.
(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 person [license holder] was
personally given the notice by oral communication described by
Subsection (b) and subsequently failed to depart.
(e) It is an exception to the application of this section
that the property on which the person [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 person [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 17. The following provisions are repealed:
(1) Section 411.205, Government Code;
(2) Section 46.02(a-1), Penal Code;
(3) Section 46.03(f), Penal Code;
(4) Sections 46.035 (c) and (d), Penal Code; and
(5) Section 46.035(h-1), Penal Code, as added by
Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
Session, 2007.
SECTION 18. 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.