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AN ACT
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relating to procedures to limit the carrying of handguns by persons |
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other than peace officers on certain premises used for law |
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enforcement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.207, Government Code, is amended to |
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read as follows: |
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Sec. 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) A |
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peace officer who is acting in the lawful discharge of the officer's |
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official duties may disarm a license holder at any time the officer |
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reasonably believes it is necessary for the protection of the |
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license holder, officer, or another individual. The peace officer |
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shall return the handgun to the license holder before discharging |
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the license holder from the scene if the officer determines that the |
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license holder is not a threat to the officer, license holder, or |
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another individual and if the license holder has not violated any |
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provision of this subchapter or committed any other violation that |
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results in the arrest of the license holder. |
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(b) A peace officer who is acting in the lawful discharge of |
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the officer's official duties may temporarily disarm a license |
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holder when a license holder enters a nonpublic, secure portion of a |
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law enforcement facility, if the law enforcement agency provides a |
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gun locker where the peace officer can secure the license holder's |
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handgun. The peace officer shall secure the handgun in the locker |
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and shall return the handgun to the license holder immediately |
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after the license holder leaves the nonpublic, secure portion of |
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the law enforcement facility. |
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(c) A law enforcement facility shall prominently display at |
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each entrance to a nonpublic, secure portion of the facility a sign |
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that gives notice in both English and Spanish that, under this |
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section, a peace officer may temporarily disarm a license holder |
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when the license holder enters the nonpublic, secure portion of the |
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facility. The sign must appear in contrasting colors with block |
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letters at least one inch in height. The sign shall be displayed in |
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a clearly visible and conspicuous manner. |
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(d) In this section: |
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(1) "Law enforcement facility" means a building or a |
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portion of a building used exclusively by a law enforcement agency |
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that employs peace officers as described by Articles 2.12(1) and |
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(3), Code of Criminal Procedure, and support personnel to conduct |
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the official business of the agency. The term does not include: |
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(A) any portion of a building not actively used |
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exclusively to conduct the official business of the agency; or |
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(B) any public or private driveway, street, |
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sidewalk, walkway, parking lot, parking garage, or other parking |
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area. |
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(2) "Nonpublic, secure portion of a law enforcement |
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facility" means that portion of a law enforcement facility to which |
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the general public is denied access without express permission and |
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to which access is granted solely to conduct the official business |
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of the law enforcement agency. |
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SECTION 2. This Act takes effect September 1, 2007. |
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____________________________________________________________ |
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President of the Senate Speaker of the House |
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I hereby certify that S.B. No. 1709 passed the Senate on |
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May 1, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1709 passed the House on |
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May 17, 2007, by the following vote: Yeas 145, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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______________________________ |
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Date |
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______________________________ |
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______________________________ |
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Governor |