SECTION 4. Section 46.035,
Penal Code, as amended by Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300),
Acts of the 80th Legislature, Regular Session, 2007, 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.
(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.
(c) [(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.
(d) [(f)] In
this section, "license [:
[(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.]
(e) [(g)] An
offense under this section [Subsection (a), (b), (c), (d), or (e)]
is a Class C [A] misdemeanor, unless the offense is committed
under Subsection (b) and the license holder has previously been
convicted of an offense under Subsection
(b), in which the event the offense is a Class B Misdemeanor [(b)(1) or (b)(3), in which event
the offense is a felony of the third degree].
(f) [(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 or threat of force under Chapter 9.
(g) Subsection (a) does
[(h-1) 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.
[(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.]
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SECTION 3. Section 46.035,
Penal Code, as amended by Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300),
Acts of the 80th Legislature, Regular Session, 2007, 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 displays
the handgun in plain view of another person
in a public place.
(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; or
(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.
(2) [(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 this
section [Subsection (a), (b), (c), (d), or (e)] is a Class C
[A] misdemeanor, unless the offense is committed under Subsection (d) or the license holder has previously been
convicted of an offense under this section
[(b)(1) or (b)(3)], in which event the offense is a Class A misdemeanor [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 force or deadly force under Chapter 9.
(h-1)
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.
[(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) Subsection [Subsections (b)(4), (b)(5), (b)(6), and] (c) does [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.
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SECTION 5. Sections 46.15(a)
and (b), Penal Code, are amended to read as follows:
(a) Sections 46.02 and 46.03
do not apply to:
(1) peace officers or special
investigators under Article 2.122, Code of Criminal Procedure, and neither
section prohibits a peace officer or special investigator from carrying a
weapon in this state, including in an establishment in this state serving
the public, regardless of whether the peace officer or special investigator
is engaged in the actual discharge of the officer's or investigator's
duties while carrying the weapon;
(2) parole officers and
neither section prohibits an officer from carrying a weapon in this state
if the officer is:
(A) engaged in the actual
discharge of the officer's duties while carrying the weapon; and
(B) in compliance with
policies and procedures adopted by the Texas Department of Criminal Justice
regarding the possession of a weapon by an officer while on duty;
(3) community supervision and
corrections department officers appointed or employed under Section 76.004,
Government Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual
discharge of the officer's duties while carrying the weapon; and
(B) authorized to carry a
weapon under Section 76.0051, Government Code;
(4) [an active judicial
officer as defined by Section 411.201, Government Code, who is licensed to
carry a concealed handgun under Subchapter H, Chapter 411, Government Code;
[(5)] an honorably
retired peace officer or federal criminal investigator who holds a
certificate of proficiency issued under Section 1701.357, Occupations Code,
and is carrying a photo identification that:
(A) verifies that the officer
honorably retired after not less than 15 years of service as a commissioned
officer; and
(B) is issued by a state or
local law enforcement agency;
(5) a person who 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.
(6) [(9)] a juvenile
probation officer who is authorized to carry a firearm under Section
142.006, Human Resources Code.
(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, 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
(7) [(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.
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No
equivalent provision.
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