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  81R1019 PEP-D
 
  By: Gonzalez Toureilles H.B. No. 140
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use or display under certain circumstances of an
  expired license to carry a concealed handgun.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 46.15(b), Penal Code, as amended by
  Chapters 647 (H.B. 964), 693 (H.B. 1815), and 1048 (H.B. 2101), Acts
  of the 80th Legislature, Regular Session, 2007, is reenacted 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, 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:
                     (A)  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
                     (B)  is either:
                           (i)  wearing the officer's uniform and
  carrying the officer's weapon in plain view; or
                           (ii)  acting as a personal protection
  officer and carrying the person's security officer commission and
  personal protection officer authorization;
               (5)  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)  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)  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 2.  Section 46.15, Penal Code, is amended by adding
  Subsection (g) to read as follows:
         (g)  For purposes of Subsection (b)(5), a valid license
  includes an expired license if, before the expiration date of the
  license, the license holder submitted an application for renewal of
  the license to the Department of Public Safety in accordance with
  Section 411.185, Government Code, and has not received notice that
  the application for renewal was denied.
         SECTION 3.  Section 411.205(a), Government Code, is amended
  to read as follows:
         (a)  If a license holder is carrying a handgun on or about the
  license holder's person when a magistrate or a peace officer
  demands that the license holder display identification, the license
  holder shall display both the license holder's driver's license or
  identification certificate issued by the department and the license
  holder's handgun license, including any expired license that
  remains in the person's possession. A person who fails or refuses
  to display the person's [license and] identification and handgun
  license as required by this subsection is subject to suspension of
  the person's license as provided by Section 411.187 or, if the
  license is expired, a refusal to renew the person's license for the
  applicable period of suspension provided by that section.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.