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|  | 
|  | 
|  | AN ACT | 
|  | relating to allowing certain students to carry a weapon while en | 
|  | route to and from a law enforcement class. | 
|  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
|  | SECTION 1.  Section 46.15(b), Penal Code, as amended by | 
|  | Chapters 1221 and 1261, Acts of the 75th Legislature, Regular | 
|  | Session, 1997, is reenacted and amended to read as follows: | 
|  | (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 431.001, Government Code, or as a guard employed by a penal | 
|  | institution; | 
|  | (2)  is on the person's own premises or premises under | 
|  | the person's control unless the person is an employee or agent of | 
|  | the owner of the premises and the person's primary responsibility | 
|  | is to act in the capacity of a security guard to protect persons or | 
|  | property, in which event the person must comply with Subdivision | 
|  | (5); | 
|  | (3)  is traveling; | 
|  | (4)  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, if the weapon is a type commonly used in the activity; | 
|  | (5)  holds a security officer commission issued by the | 
|  | Texas [ Board of Private Investigators and] Private Security Board | 
|  | [ Agencies], if: | 
|  | (A)  the person is engaged in the performance of | 
|  | the person's duties as a security officer or traveling to and from | 
|  | the person's place of assignment; | 
|  | (B)  the person is wearing a distinctive uniform; | 
|  | and | 
|  | (C)  the weapon is in plain view; | 
|  | (6)  is carrying a concealed handgun and a valid | 
|  | license issued under Subchapter H, Chapter 411, Government Code | 
|  | [ Article 4413(29ee), Revised Statutes], to carry a concealed | 
|  | handgun of the same category as the handgun the person is carrying; | 
|  | (7)  holds a security officer commission and a personal | 
|  | protection officer authorization issued by the Texas [ Board of  | 
|  | Private Investigators and] Private Security Board [Agencies] and | 
|  | [ who] is providing personal protection under Chapter 1702, | 
|  | Occupations Code [ the Private Investigators and Private Security  | 
|  | Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes)]; | 
|  | [ or] | 
|  | (8)  holds an alcoholic beverage permit or license or | 
|  | 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 | 
|  | (9)  is a student in a law enforcement class 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 2.  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 was | 
|  | committed before that date. | 
|  | SECTION 3.  This Act takes effect September 1, 2007. | 
|  | 
|  | 
|  | ______________________________ | ______________________________ | 
|  | President of the Senate | Speaker of the House | 
|  | 
|  | 
|  | I certify that H.B. No. 964 was passed by the House on April | 
|  | 5, 2007, by the following vote:  Yeas 137, Nays 0, 2 present, not | 
|  | voting. | 
|  |  | 
|  | ______________________________ | 
|  | Chief Clerk of the House | 
|  | 
|  | 
|  | I certify that H.B. No. 964 was passed by the Senate on May | 
|  | 23, 2007, by the following vote:  Yeas 31, Nays 0. | 
|  |  | 
|  | ______________________________ | 
|  | Secretary of the Senate | 
|  | APPROVED:  _____________________ | 
|  | Date | 
|  |  | 
|  | _____________________ | 
|  | Governor |