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A BILL TO BE ENTITLED
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AN ACT
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relating to the unintentional display of a weapon by a person |
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licensed to carry a concealed handgun. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.035, Penal Code, is amended to read as |
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follows: |
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Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE |
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HOLDER. (a) A license holder commits an offense if the license |
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holder carries a handgun on or about the license holder's person |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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and intentionally [fails to conceal the handgun] displays the |
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handgun in plain view of another person in a public place in a |
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manner calculated to cause alarm and not pursuant to a justified use |
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of force or threat of force as described in Chapter 9. |
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(b) A license holder commits an offense if the license |
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holder intentionally, knowingly, or recklessly carries a handgun |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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regardless of whether the handgun is concealed, on or about the |
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license holder's person: |
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(1) on the premises of a business that has a permit or |
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license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
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Beverage Code, if the business derives 51 percent or more of its |
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income from the sale or service of alcoholic beverages for |
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on-premises consumption, as determined by the Texas Alcoholic |
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Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
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(2) on the premises where a high school, collegiate, |
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or professional sporting event or interscholastic event is taking |
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place, unless the license holder is a participant in the event and a |
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handgun is used in the event; |
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(3) on the premises of a correctional facility; |
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(4) on the premises of a hospital licensed under |
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Chapter 241, Health and Safety Code, or on the premises of a nursing |
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home licensed under Chapter 242, Health and Safety Code, unless the |
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license holder has written authorization of the hospital or nursing |
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home administration, as appropriate; |
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(5) in an amusement park; or |
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(6) on the premises of a church, synagogue, or other |
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established place of religious worship. |
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(c) A license holder commits an offense if the license |
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holder intentionally, knowingly, or recklessly carries a handgun |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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regardless of whether the handgun is concealed, at any meeting of a |
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governmental entity. |
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(d) A license holder commits an offense if, while |
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intoxicated, the license holder carries a handgun under the |
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authority of Subchapter H, Chapter 411, Government Code, regardless |
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of whether the handgun is concealed. |
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(e) A license holder who is licensed as a security officer |
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under Chapter 1702, Occupations Code, and employed as a security |
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officer commits an offense if, while in the course and scope of the |
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security officer's employment, the security officer violates a |
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provision of Subchapter H, Chapter 411, Government Code. |
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(f) In this section: |
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(1) "Amusement park" means a permanent indoor or |
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outdoor facility or park where amusement rides are available for |
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use by the public that is located in a county with a population of |
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more than one million, encompasses at least 75 acres in surface |
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area, is enclosed with access only through controlled entries, is |
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open for operation more than 120 days in each calendar year, and has |
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security guards on the premises at all times. The term does not |
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include any public or private driveway, street, sidewalk or |
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walkway, parking lot, parking garage, or other parking area. |
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(2) "License holder" means a person licensed to carry |
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a handgun under Subchapter H, Chapter 411, Government Code. |
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(3) "Premises" means a building or a portion of a |
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building. The term does not include any public or private driveway, |
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street, sidewalk or walkway, parking lot, parking garage, or other |
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parking area. |
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(g) An offense under Subsection (a), (b), (c), (d), or (e) |
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is a Class A misdemeanor, unless the offense is committed under |
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Subsection (b)(1) or (b)(3), in which event the offense is a felony |
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of the third degree. |
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[(h) It is a defense to prosecution under Subsection (a) that
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the actor, at the time of the commission of the offense, displayed
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the handgun under circumstances in which the actor would have been
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justified in the use of deadly force under Chapter 9.] |
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[Text of subsection as added by Acts 2007, 80th Leg., R.S.,
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Ch. 1214, Sec. 2] |
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[(h-1)](h) It is a defense to prosecution under Subsections |
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(b) and (c) that the actor, at the time of the commission of the |
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offense, was: |
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(1) an active judicial officer, as defined by Section |
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411.201, Government Code; or |
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(2) a bailiff designated by the active judicial |
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officer and engaged in escorting the officer. |
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[Text of subsection as added by Acts 2007, 80th Leg., R.S.,
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Ch. 1222, Sec. 5 ] |
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(h-1) It is a defense to prosecution under Subsections |
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(b)(1), (2), and (4)-(6), and (c) that at the time of the commission |
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of the offense, the actor was: |
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(1) a judge or justice of a federal court; |
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(2) an active judicial officer, as defined by Section |
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411.201, Government Code; or |
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(3) a district attorney, assistant district attorney, |
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criminal district attorney, assistant criminal district attorney, |
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county attorney, or assistant county attorney. |
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(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply |
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if the actor was not given effective notice under Section 30.06. |
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(j) Subsections (a) and (b)(1) do not apply to a historical |
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reenactment performed in compliance with the rules of the Texas |
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Alcoholic Beverage Commission. |
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(k) It is a defense to prosecution under Subsection (b)(1) |
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that the actor was not given effective notice under Section |
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411.204, Government Code. |
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SECTION 2. This Act takes effect September 1, 2003. |