H.B. No. 25

	AN ACT
	relating to the carrying of certain weapons in a watercraft.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 46.02, Penal Code, is amended by
	amending Subsections (a) and (a-1) and adding Subsection (a-3) to
	read as follows:
	(a)  A person commits an offense if the person intentionally,
	knowingly, or recklessly carries on or about his or her person a
	handgun, illegal knife, or club if the person is not:
	(1)  on the person's own premises or premises under the
	person's control; or
	(2)  inside of or directly en route to a motor vehicle
	or watercraft that is owned by the person or under the person's
	control.
	(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:
	(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;
	(B)  prohibited by law from possessing a firearm;
	or
	(C)  a member of a criminal street gang, as
	defined by Section 71.01.
	(a-3)  For purposes of this section, "watercraft" means any
	boat, motorboat, vessel, or personal watercraft, other than a
	seaplane on water, used or capable of being used for transportation
	on water.
	SECTION 2.  Section 46.15(b), Penal Code, is 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 traveling;
	(3)  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, [or] motor vehicle, or watercraft, if the weapon is a
	type commonly used in the activity;
	(4)  holds a security officer commission issued by the
	Texas Private Security Board, if the person is engaged in the
	performance of the person's duties as an officer commissioned under
	Chapter 1702, Occupations Code, or is traveling to or from the
	person's place of assignment and is wearing the officer's uniform
	and carrying the officer's weapon in plain view;
	(5)  acts as a personal protection officer and carries
	the person's security officer commission and personal protection
	officer authorization, if the person:
	(A)  is engaged in the performance of the person's
	duties as a personal protection officer under Chapter 1702,
	Occupations Code, or is traveling to or from the person's place of
	assignment; and
	(B)  is either:
	(i)  wearing the uniform of a security
	officer, including any uniform or apparel described by Section
	1702.323(d), Occupations Code, and carrying the officer's weapon in
	plain view; or
	(ii)  not wearing the uniform of a security
	officer and carrying the officer's weapon in a concealed manner;
	(6)  is carrying a concealed handgun and a valid
	license issued under Subchapter H, Chapter 411, Government Code, to
	carry a concealed handgun of the same category as the handgun the
	person is carrying;
	(7)  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
	(8)  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 3.  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
	covered 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 occurred before that date.
	SECTION 4.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 25 was passed by the House on May 13,
	2011, by the following vote:  Yeas 137, Nays 0, 3 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 25 was passed by the Senate on May 25,
	2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor