Bill Text: TX HB49 | 2013 | 83rd Legislature 1st Special Session | Introduced

Bill Title: Relating to the places where a person may carry a handgun if the person is licensed to carry a concealed handgun.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2013-06-10 - Filed [HB49 Detail]

Download: Texas-2013-HB49-Introduced.html
 
 
  By: Springer H.B. No. 49
 
 
 
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.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 30.06(c)(2), Penal Code, is amended to
  read as follows:
               (2)  "License holder" has the meaning assigned by
  Section 46.035(d) [46.035(f)].
         SECTION 2.  Section 30.06(e) and (f), 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 3.  Section 46.03(c)(1), Penal Code, is amended to
  read as follows:
               (1)  "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, or any portion of the building in which the activity
  prompting the prohibition is not then ongoing [has the meaning
  assigned by Section 46.035].
         SECTION 4.  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 fails to conceal the handgun.
         (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;
               [(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.
         (c) [(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.
         (d) [(f)]  In this section, "license [:
               [(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.
               [(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.]
         (e) [(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 (b) and the license holder
  has previously been convicted of an offense under Subsection (b),
  in which the event the offense is a Class B Misdemeanor [(b)(1) or
  (b)(3), in which event the offense is a felony of the third degree].
         (f) [(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 [deadly] force or threat of force 
  under Chapter 9.
         (g)  Subsection (a) does [(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)     Subsections (b)(4), (b)(5), (b)(6), and (c) 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 5.  Sections 46.15(a) and (b), Penal Code, are
  amended to read as follows:
         (a)  Sections 46.02 and 46.03 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 concealed
  handgun under Subchapter H, Chapter 411, Government Code;
               [(5)]  an honorably retired peace officer or federal
  criminal investigator who holds a certificate of proficiency issued
  under Section 1701.357, Occupations Code, and is carrying a photo
  identification that:
                     (A)  verifies that the officer honorably retired
  after not less than 15 years of service as a commissioned officer;
  and
                     (B)  is issued by a state or local law enforcement
  agency;
               (5)  a person who is carrying a concealed handgun and a
  valid license issued under Subchapter H, Chapter 411, Government
  Code, to carry a concealed handgun of the same category as the
  handgun the person is carrying.
               (6) [(9)]  a juvenile probation officer who is
  authorized to carry a firearm under Section 142.006, Human
  Resources Code.
         (b)  Section 46.02 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 431.001, 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 concealed handgun and a valid
  license issued under Subchapter H, Chapter 411, Government Code, to
  carry a concealed handgun of the same category as the handgun the
  person is carrying;
               [(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
               (7) [(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.
         SECTION 6.  Section 411.179(c), Government Code, is amended
  to read as follows:
         (c)  In adopting the form of the license under Subsection
  (a), the department shall establish a procedure for the license of a
  qualified handgun instructor [or of a judge, justice, prosecuting
  attorney, or assistant prosecuting attorney, as described by
  Section 46.15(a)(5)(A), (B), or (C) [46.15(a)(4) or (6)], Penal
  Code,] to indicate on the license the license holder's status as a
  qualified handgun instructor [or as a judge, justice, district
  attorney, criminal district attorney, or county attorney]. In
  establishing the procedure, the department shall require
  sufficient documentary evidence to establish the license holder's
  status under this subsection.
         SECTION 7.  Section 411.198(b), Government Code, is amended
  to read as follows:
         (b) It is a defense to prosecution under Section 46.035(a) 
  [46.035], Penal Code, that the actor, at the time of the commission
  of the offense, was the holder of an alias license issued under this
  section.
         SECTION 8.  Section 11.041(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  Each holder of a permit [who is not otherwise required
  to display a sign under Section 411.204, Government Code,] shall
  display in a prominent place on the permit holder's premises a sign
  giving notice that it is unlawful for a person to carry a weapon on
  the premises unless the weapon is a concealed handgun of the same
  category the person is licensed to carry under Subchapter H,
  Chapter 411, Government Code.
         SECTION 9.  Section 11.61(e), Alcoholic Beverage Code, is
  amended to read as follows:
         (e)  Except as provided by Subsection (f) or (i), the
  commission or administrator shall cancel an original or renewal
  permit if it is found, after notice and hearing, that the permittee
  knowingly allowed a person to possess a firearm in a building on the
  licensed premises. This subsection does not apply to a person:
               (1)  who holds a security officer commission issued
  under Chapter 1702, Occupations Code, if:
                     (A)  the person is engaged in the performance of
  the person's duties as a security officer;
                     (B)  the person is wearing a distinctive uniform;
  and
                     (C)  the weapon is in plain view;
               (2)  who is a peace officer;
               (3)  who is a permittee or an employee of a permittee if
  the person is supervising the operation of the premises; or
               (4)  who possesses a concealed handgun of the same
  category the person is licensed to carry under Subchapter H,
  Chapter 411, Government Code[, unless the person is on the premises
  of a business described by Section 46.035(b)(1), Penal Code].
         SECTION 10.  Section 61.11(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  Each holder of a license [who is not otherwise required
  to display a sign under Section 411.204, Government Code,] shall
  display in a prominent place on the license holder's premises a sign
  giving notice that it is unlawful for a person to carry a weapon on
  the premises unless the weapon is a concealed handgun of the same
  category the person is licensed to carry under Subchapter H,
  Chapter 411, Government Code.
         SECTION 11.  Section 61.71(f), Alcoholic Beverage Code, is
  amended to read as follows:
         (f)  Except as provided by Subsection (g) or (j), the
  commission or administrator shall cancel an original or renewal
  dealer's on-premises or off-premises license if it is found, after
  notice and hearing, that the licensee knowingly allowed a person to
  possess a firearm in a building on the licensed premises. This
  subsection does not apply to a person:
               (1)  who holds a security officer commission issued
  under Chapter 1702, Occupations Code, if:
                     (A)  the person is engaged in the performance of
  the person's duties as a security officer;
                     (B)  the person is wearing a distinctive uniform;
  and
                     (C)  the weapon is in plain view;
               (2)  who is a peace officer;
               (3)  who is a licensee or an employee of a licensee if
  the person is supervising the operation of the premises; or
               (4)  who possesses a concealed handgun of the same
  category the person is licensed to carry under Subchapter H,
  Chapter 411, Government Code[, unless the person is on the premises
  of a business described by Section 46.035(b)(1), Penal Code].
         SECTION 12.  The following provisions are repealed:
               (1)  Section 104.06, Alcoholic Beverage Code;
               (2)  Sections 411.203 and 411.204, Government Code; and
               (3)  Section 46.03(f), Penal Code.
         SECTION 13.  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 14.  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 September 1, 2013.

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