Bill Text: TX HB560 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the places where a person may carry a handgun if the person is licensed to carry a handgun and to certain related criminal offenses.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-02-20 - Referred to Homeland Security & Public Safety [HB560 Detail]
Download: Texas-2017-HB560-Introduced.html
85R628 AJZ-D | ||
By: Springer | H.B. No. 560 |
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relating to the places where a person may carry a handgun if the | ||
person is licensed to carry a handgun and to certain related | ||
criminal offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 [ |
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SECTION 2. Section 46.03(a), Penal Code, is amended 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) on the physical premises of a school or | ||
educational institution, the portion of 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 the portion of 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 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. | ||
SECTION 3. Sections 46.035(g), (h), and (j), Penal Code, as | ||
amended by Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the | ||
84th Legislature, Regular Session, 2015, are reenacted and amended | ||
to read as follows: | ||
(g) An offense under this section [ |
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a Class A misdemeanor, except that an [ |
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(1) Subsection (a) or (e) is a Class C misdemeanor; and | ||
(2) Subsection (d) is a Class C misdemeanor, unless | ||
the license holder has previously been convicted of an offense | ||
under that subsection, in which event the offense is a Class B | ||
misdemeanor [ |
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(h) It is a defense to prosecution under Subsection (a), | ||
(a-1), (a-2), or (a-3) 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 threat of | ||
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(j) Subsections (a), (a-1), (a-2), and (a-3)[ |
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do not apply to a historical reenactment performed in compliance | ||
with the rules of the Texas Alcoholic Beverage Commission. | ||
SECTION 4. 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) [ |
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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; | ||
(5) a person who is carrying a handgun and a license | ||
issued under Subchapter H, Chapter 411, Government Code, to carry | ||
the handgun; or | ||
(6) [ |
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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 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) [ |
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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) [ |
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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 5. 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 [ |
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the license holder's status as a qualified handgun instructor [ |
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shall require sufficient documentary evidence to establish the | ||
license holder's status under this subsection. | ||
SECTION 6. Section 411.198(b), Government Code, is amended | ||
to read as follows: | ||
(b) It is a defense to prosecution under Section 46.035(a) | ||
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of the offense, was the holder of an alias license issued under this | ||
section. | ||
SECTION 7. Section 11.041(a), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(a) Each holder of a permit [ |
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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 handgun the person is licensed | ||
to carry under Subchapter H, Chapter 411, Government Code. | ||
SECTION 8. 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 handgun the person is licensed to | ||
carry under Subchapter H, Chapter 411, Government Code[ |
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SECTION 9. Section 61.11(a), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(a) Each holder of a license [ |
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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 handgun the person is licensed | ||
to carry under Subchapter H, Chapter 411, Government Code. | ||
SECTION 10. 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 handgun the person is licensed to | ||
carry under Subchapter H, Chapter 411, Government Code[ |
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SECTION 11. The following provisions are repealed: | ||
(1) Section 104.06, Alcoholic Beverage Code; | ||
(2) Sections 411.203 and 411.204, Government Code; | ||
(3) Section 52.062(b), Labor Code; | ||
(4) Section 46.03(f), Penal Code, as amended by | ||
Chapters 437 (H.B. 910) and 1001 (H.B. 554), Acts of the 84th | ||
Legislature, Regular Session, 2015; | ||
(5) Sections 46.035(b), (c), (f)(1), (i), (k), and | ||
(l), Penal Code; and | ||
(6) Section 46.035(h-1), Penal Code, as added by | ||
Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th | ||
Legislature, Regular Session, 2007. | ||
SECTION 12. 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 13. This Act takes effect September 1, 2017. |