SB 17, Sen 2nd Rdg, Amnd #F21

(1) Strike the recital to SECTION 47 of the bill (page 13, lines 48-49) and substitute the following:

SECTION 47. Section 46.035, Penal Code, is amended by amending Subsections (a), (b), (c), (d), (h), (i), and (j) and adding Subsections (a-1) and (a-2) to read as follows:

(2) In SECTION 47 of the bill, in amended Section 46.035, Penal Code, immediately following amended Section 46.035(a), Penal Code (page 13, between lines 56 and 57), insert the following new subsections:

(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person:

(1) on the premises of an institution of higher education or private or independent institution of higher education; or

(2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.

(a-2) Subsection (a-1) does not authorize a license holder to carry a concealed handgun at a location described by that subsection.

(3) In SECTION 47 of the bill, in amended Section 46.035, Penal Code, immediately following amended Section 46.035(d), Penal Code (page 14, between lines 21 and 22), insert the following:

(h) It is a defense to prosecution under Subsection (a) or (a-1) 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 force or deadly force under Chapter 9.

(4) In SECTION 47 of the bill, in amended Section 46.035, Penal Code, immediately following amended Section 46.035(i), Penal Code (page 14, between lines 24 and 25), insert the following:

(j) Subsections (a), (a-1), and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.

(5) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____. Section 46.035(f), Penal Code, is amended by adding Subdivision (1-a) to read as follows:

(1-a) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.