By: Estes	S.B. No. 299

	A BILL TO BE ENTITLED
	AN ACT
	relating to the unintentional display of a weapon by a person
	licensed to carry a concealed handgun.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 46.035, Penal Code, is amended to read as
	follows:
	Sec. 46.035.  UNLAWFUL CARRYING OF HANDGUN BY LICENSE
	HOLDER. (a) A license holder commits an offense if the license
	holder carries a handgun on or about the license holder's person
	under the authority of Subchapter H, Chapter 411, Government Code,
	and intentionally [fails to conceal the handgun] displays the
	handgun in plain view of another person in a public place in a
	manner calculated to cause alarm and not pursuant to a justified use
	of force or threat of force as described in Chapter 9.
	(b)  A license holder commits an offense if 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 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 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
	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.
	(c)  A license holder commits an offense if 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, at any meeting of a
	governmental entity.
	(d)  A license holder commits an offense if, while
	intoxicated, the license holder carries a handgun under the
	authority of Subchapter H, Chapter 411, Government Code, regardless
	of whether the handgun is concealed.
	(e)  A 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)  "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.
	[(h) It is a defense to prosecution under Subsection (a) that
	the actor, at the time of the commission of the offense, displayed
	the handgun under circumstances in which the actor would have been
	justified in the use of deadly force under Chapter 9.]
	[Text of subsection as added by Acts 2007, 80th Leg., R.S.,
	Ch. 1214, Sec. 2]
	[(h-1)](h) It is a defense to prosecution under Subsections
	(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.
	[Text of subsection as added by Acts 2007, 80th Leg., R.S.,
	Ch. 1222, Sec. 5 ]
	(h-1)  It is a defense to prosecution under Subsections
	(b)(1), (2), and (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.
	(i)  Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply
	if the actor was not given effective notice under Section 30.06.
	(j)  Subsections (a) and (b)(1) do not apply to a historical
	reenactment performed in compliance with the rules of the Texas
	Alcoholic Beverage Commission.
	(k)  It is a defense to prosecution under Subsection (b)(1)
	that the actor was not given effective notice under Section
	411.204, Government Code.
	SECTION 2.  This Act takes effect September 1, 2003.