Bill Text: TX SB299 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the intentional display of a handgun by a person licensed to carry a concealed handgun.
Spectrum: Partisan Bill (Republican 61-3)
Status: (Passed) 2013-05-18 - Effective on 9/1/13 [SB299 Detail]
Download: Texas-2013-SB299-Introduced.html
Bill Title: Relating to the intentional display of a handgun by a person licensed to carry a concealed handgun.
Spectrum: Partisan Bill (Republican 61-3)
Status: (Passed) 2013-05-18 - Effective on 9/1/13 [SB299 Detail]
Download: Texas-2013-SB299-Introduced.html
By: Estes | S.B. No. 299 | |
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relating to the unintentional display of a weapon by a person | ||
licensed to carry a concealed handgun. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 46.035, Penal Code, 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 [ |
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handgun in plain view of another person in a public place in a | ||
manner calculated to cause alarm and not pursuant to a justified use | ||
of force or threat of force as described in Chapter 9. | ||
(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. | ||
(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. | ||
(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 Subsection (a), (b), (c), (d), or (e) | ||
is a Class A misdemeanor, unless the offense is committed under | ||
Subsection (b)(1) or (b)(3), in which event the offense is a felony | ||
of the third degree. | ||
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(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. | ||
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(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 2. This Act takes effect September 1, 2003. |