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: Strong Partisan Bill (Republican 60-4)

Status: (Passed) 2013-05-18 - Effective on 9/1/13 [SB299 Detail]

Download: Texas-2013-SB299-Introduced.html
 
 
  By: Estes S.B. No. 299
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [fails to conceal the handgun] displays the
  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.
         [(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 under Chapter 9.]
         [Text of subsection as added by Acts 2007, 80th Leg., R.S.,
  Ch. 1214, Sec. 2]
         [(h-1)](h) 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.
         [Text of subsection as added by Acts 2007, 80th Leg., R.S.,
  Ch. 1222, Sec. 5 ]
         (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.
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