Bill Text: TX SB342 | 2015-2016 | 84th Legislature | Introduced

---

Bill Title: Relating to providing for the open and concealed carrying of handguns without a license and to related offenses and penalties.

Sponsorship: Partisan Bill (Republican 5)

Status: (Introduced - Dead) 2015-02-09 - Co-author authorized [SB342 Detail]

Download: Texas-2015-SB342-Introduced.html

---

By: Huffines S.B. No. 342

A BILL TO BE ENTITLED
AN ACT
relating to providing for the open and concealed carrying of
handguns without a license and to related offenses and penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Texas
Constitutional Carry Act of 2015.
SECTION 2. Section 46.02(a-1), Penal Code, is amended to
read as follows:
(a-1) A person commits an offense if the person
intentionally, knowingly, or recklessly carries on or about his or
her person a handgun in a motor vehicle or watercraft that is owned
by the person or under the person's control at any time in which the
person is:
(1) [the handgun is in plain view; or
[(2) the person is:
[(A)] engaged in criminal activity, other than a
Class C misdemeanor that is a violation of a law or ordinance
regulating traffic or boating;
(2) [(B)] prohibited by law from possessing a firearm;
or
(3) [(C)] a member of a criminal street gang, as
defined by Section 71.01.
SECTION 3. The heading to Section 46.035, Penal Code, is
amended to read as follows:
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN [BY LICENSE
HOLDER].
SECTION 4. Sections 46.035(b), (e), (f), and (g), Penal
Code, are amended to read as follows:
(b) A person [license holder] commits an offense if he or
she [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 his or her [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 person [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
person [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;
(7) at any meeting of a governmental entity; or
(8) while intoxicated.
(e) A person [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) "Intoxicated" has the meaning assigned by Section
49.01 ["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. An offense under Subsection (b)(2) or
(b)(7) is a Class A misdemeanor. An offense under Subsection
(b)(4), (b)(5), or (b)(6) is a Class C misdemeanor.
SECTION 5. Section 46.035(h-1), Penal Code, as added by
Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(h-1) It is a defense to prosecution under Subsections
(b)(1)-(7) [(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.
SECTION 6. Section 46.035(h-1), Penal Code, as added by
Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(h-1) It is a defense to prosecution under Subsections
(b)(1), (2), and (4)-(7) [(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.
SECTION 7. Sections 46.035(i) and (j), Penal Code, are
amended to read as follows:
(i) Subsections (b)(4)-(7) [(b)(4), (b)(5), (b)(6), and
(c)] do not apply if the actor was not given effective notice under
Section 30.06.
(j) Subsection [Subsections (a) and] (b)(1) does [do] not
apply to a historical reenactment performed in compliance with the
rules of the Texas Alcoholic Beverage Commission.
SECTION 8. Section 46.15, Penal Code, is amended by adding
Subsection (k) to read as follows:
(k) Notwithstanding any other law to the contrary, no person
shall be required to obtain any license to carry a handgun as a
condition for carrying a handgun openly or in a concealed manner
except a person who is prohibited from possessing a handgun under 18
U.S.C. Section 922.
SECTION 9. Section 411.207(a), Government Code, is amended
to read as follows:
(a) A peace officer who is acting in the lawful discharge of
the officer's official duties may disarm a person in possession of a
handgun [license holder] at any time the officer has probable cause
to believe that the person poses an imminent threat to himself or
herself, the [reasonably believes it is necessary for the
protection of the license holder,] officer, or another individual.
The peace officer shall return the handgun to the person [license
holder] before discharging the person [license holder] from the
scene if the officer determines that the person [license holder] is
not a threat to himself or herself, the officer, [license holder,]
or another individual and if the person [license holder] has not
[violated any provision of this subchapter or] committed any other
violation that results in the arrest of the person [license
holder]. The mere possession or carrying of a handgun, openly or
concealed, with or without a license issued under this subchapter,
shall not constitute probable cause for a peace officer to disarm or
detain an otherwise law-abiding person.
SECTION 10. Section 30.05(f), Penal Code, is amended to
read as follows:
(f) It is a defense to prosecution under this section that[:
[(1)] the basis on which entry on the property or land
or in the building was forbidden is that entry with a handgun was
forbidden[; and
[(2) the person was carrying a concealed handgun and a
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun].
SECTION 11. Section 30.06, Penal Code, is amended to read as
follows:
Sec. 30.06. TRESPASS BY PERSON IN POSSESSION OF [HOLDER OF
LICENSE TO CARRY CONCEALED] HANDGUN. (a) A person [license
holder] commits an offense if the person [license holder]:
(1) carries a handgun [under the authority of
Subchapter H, Chapter 411, Government Code,] on property of another
without effective consent; and
(2) received notice that:
(A) [entry on the property by a license holder
with a concealed handgun was forbidden; or]
[(B)] remaining on the property with a
[concealed] handgun was forbidden and failed to depart.
(b) For purposes of this section, a person receives notice
if the owner of the property or someone with apparent authority to
act for the owner provides notice to the person by oral and [or]
written communication, or by oral communication alone.
(c) In this section:
(1) "Entry" has the meaning assigned by Section
30.05(b).
(2) ["License holder" has the meaning assigned by
Section 46.035(f).
[(3)] "Written communication" means:
(A) a card or other document on which is written
language identical to the following: "Pursuant to Section 30.06,
Penal Code (trespass by person in possession of [holder of license
to carry a concealed] handgun), a person [licensed under Subchapter
H, Chapter 411, Government Code (concealed handgun law),] may not
enter this property while in possession of a [with a concealed]
handgun"; or
(B) a sign posted on the property that:
(i) includes the language described by
Paragraph (A) in both English and Spanish;
(ii) appears in contrasting colors with
block letters at least one inch in height; and
(iii) is displayed in a conspicuous manner
clearly visible to the public.
(d) An offense under this section is a Class C [A]
misdemeanor.
(e) It is an exception to the application of this section
that the property on which the person [license holder] carries a
handgun is owned or leased by a governmental entity and is not a
premises or other place on which the person [license holder] is
prohibited from carrying the handgun under Section 46.03 or 46.035.
SECTION 12. The following provisions are repealed:
(1) Section 411.205, Government Code;
(2) Section 46.02(a), Penal Code;
(3) Section 46.03(f), Penal Code; and
(4) Sections 46.035(a), (c), (d), and (h), Penal Code.
SECTION 13. 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 on the 91st day after the last day of
the legislative session.