Bill Text: TX HB1911 | 2017-2018 | 85th Legislature | Comm Sub

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Bill Title: Relating to granting authority to carry a firearm to certain unlicensed persons and to related regulatory provisions and criminal offenses.

Spectrum: Partisan Bill (Republican 31-0)

Status: (Introduced - Dead) 2017-04-26 - Committee report sent to Calendars [HB1911 Detail]

Download: Texas-2017-HB1911-Comm_Sub.html

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85R24134 JSC-F
By: White, Burns, Phelan, Lang, Metcalf, H.B. No. 1911
et al.
Substitute the following for H.B. No. 1911:
By: Schaefer C.S.H.B. No. 1911

A BILL TO BE ENTITLED
AN ACT
relating to granting authority to carry a firearm to certain
unlicensed persons and to related regulatory provisions and
criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter H, Chapter 411,
Government Code, is amended to read as follows:
SUBCHAPTER H. LICENSE TO CARRY [A] HANDGUN AND OTHER PROVISIONS
RELATING TO CARRYING OF FIREARMS
SECTION 2. Sections 411.1741(a) and (b), Government Code,
are amended to read as follows:
(a) When a person applies for an original or renewal license
to carry a [concealed] handgun under this subchapter, the person
may make a voluntary contribution in any amount to the fund for
veterans' assistance established by Section 434.017.
(b) The department shall:
(1) include space on the first page of each
application for an original or renewal license to carry a
[concealed] handgun that allows a person applying for an original
or renewal license to carry a [concealed] handgun to indicate the
amount that the person is voluntarily contributing to the fund; and
(2) provide an opportunity for the person to
contribute to the fund during the application process for an
original or renewal license to carry a [concealed] handgun on the
department's Internet website.
SECTION 3. Section 411.204(c), Government Code, is amended
to read as follows:
(c) The sign required under Subsections (a) and (b) must
give notice in both English and Spanish that it is unlawful for a
person, including a person licensed under this subchapter or a
person otherwise legally authorized to carry a handgun, to carry a
handgun on the premises. The sign must appear in contrasting colors
with block letters at least one inch in height and must include on
its face the number "51" printed in solid red at least five inches
in height. The sign shall be displayed in a conspicuous manner
clearly visible to the public.
SECTION 4. Section 411.205, Government Code, is amended to
read as follows:
Sec. 411.205. REQUIREMENT TO DISPLAY IDENTIFICATION AND
HANDGUN LICENSE. If a person [license holder] is carrying a handgun
[on or about the license holder's person] when a magistrate or a
peace officer demands that the person [license holder] display
identification, the person [license holder] shall display [both]
the person's [license holder's] driver's license or identification
certificate issued by the department or other proof of identity. If
the person is a license holder under this subchapter and is carrying
the person's handgun license, the person also shall display [and]
the person's [license holder's] handgun license.
SECTION 5. Sections 411.207(b) and (c), Government Code,
are amended to read as follows:
(b) A peace officer who is acting in the lawful discharge of
the officer's official duties may temporarily disarm a person who
is a license holder or otherwise legally authorized to carry a
handgun when the person [a license holder] enters a nonpublic,
secure portion of a law enforcement facility, if the law
enforcement agency provides a gun locker where the peace officer
can secure the person's [license holder's] handgun. The peace
officer shall secure the handgun in the locker and shall return the
handgun to the person [license holder] immediately after the person
[license holder] leaves the nonpublic, secure portion of the law
enforcement facility.
(c) A law enforcement facility shall prominently display at
each entrance to a nonpublic, secure portion of the facility a sign
that gives notice in both English and Spanish that, under this
section, a peace officer may temporarily disarm a person who is a
license holder or otherwise legally authorized to carry a handgun
when the person [license holder] enters the nonpublic, secure
portion of the facility. The sign must appear in contrasting colors
with block letters at least one inch in height. The sign shall be
displayed in a clearly visible and conspicuous manner.
SECTION 6. Section 42.042(e-2), Human Resources Code, is
amended to read as follows:
(e-2) The department may not prohibit the foster parent of a
child who resides in the foster family's home from transporting the
child in a vehicle where a handgun is present if the handgun is in
the possession and control of the foster parent and the foster
parent is licensed to carry the handgun under Subchapter H, Chapter
411, Government Code, or is otherwise legally authorized to carry a
handgun.
SECTION 7. Section 229.001(b), Local Government Code, is
amended to read as follows:
(b) Subsection (a) does not affect the authority a
municipality has under another law to:
(1) require residents or public employees to be armed
for personal or national defense, law enforcement, or another
lawful purpose;
(2) regulate the discharge of firearms or air guns
within the limits of the municipality, other than at a sport
shooting range;
(3) regulate the use of property, the location of a
business, or uses at a business under the municipality's fire code,
zoning ordinance, or land-use regulations as long as the code,
ordinance, or regulations are not used to circumvent the intent of
Subsection (a) or Subdivision (5) of this subsection;
(4) regulate the use of firearms, air guns, or knives
in the case of an insurrection, riot, or natural disaster if the
municipality finds the regulations necessary to protect public
health and safety;
(5) regulate the storage or transportation of
explosives to protect public health and safety, except that 25
pounds or less of black powder for each private residence and 50
pounds or less of black powder for each retail dealer are not
subject to regulation;
(6) regulate the carrying of a firearm or air gun by a
person other than a person licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code, or a person otherwise
legally authorized to carry the handgun, at a:
(A) public park;
(B) public meeting of a municipality, county, or
other governmental body;
(C) political rally, parade, or official
political meeting; or
(D) nonfirearms-related school, college, or
professional athletic event;
(7) regulate the hours of operation of a sport
shooting range, except that the hours of operation may not be more
limited than the least limited hours of operation of any other
business in the municipality other than a business permitted or
licensed to sell or serve alcoholic beverages for on-premises
consumption; or
(8) regulate the carrying of an air gun by a minor on:
(A) public property; or
(B) private property without consent of the
property owner.
SECTION 8. Sections 62.082(d) and (e), Parks and Wildlife
Code, are amended to read as follows:
(d) Section 62.081 does not apply to:
(1) an employee of the Lower Colorado River Authority;
(2) a person authorized to hunt under Subsection (c);
(3) a peace officer as defined by Article 2.12, Code of
Criminal Procedure; or
(4) a person who:
(A) is carrying [possesses] a handgun the person
is legally authorized to carry [and a license issued under
Subchapter H, Chapter 411, Government Code, to carry a handgun]; or
(B) under circumstances in which the person would
be justified in the use of deadly force under Chapter 9, Penal Code,
shoots a handgun the person is legally authorized [licensed] to
carry [under Subchapter H, Chapter 411, Government Code].
(e) A state agency, including the department, the
Department of Public Safety, and the Lower Colorado River
Authority, may not adopt a rule that prohibits a person [who
possesses a license issued under Subchapter H, Chapter 411,
Government Code,] from entering or crossing the land of the Lower
Colorado River Authority while:
(1) carrying [possessing] a handgun that the person is
legally authorized to carry; or
(2) under circumstances in which the person would be
justified in the use of deadly force under Chapter 9, Penal Code,
shooting a handgun.
SECTION 9. Section 284.001(e), Parks and Wildlife Code, is
amended to read as follows:
(e) This section does not limit a person's [the] ability to
carry a handgun if the person is legally authorized [of a license
holder] to carry a handgun [under the authority of Subchapter H,
Chapter 411, Government Code].
SECTION 10. Section 30.05, Penal Code, is amended by
amending Subsections (d) and (f) and adding Subsections (d-1) and
(d-2) to read as follows:
(d) Subject to Subsections (d-1) and (d-2), an [An] offense
under this section is:
(1) a Class B misdemeanor, except as provided by
Subdivisions (2) and (3);
(2) a Class C misdemeanor, except as provided by
Subdivision (3), if the offense is committed:
(A) on agricultural land and within 100 feet of
the boundary of the land; or
(B) on residential land and within 100 feet of a
protected freshwater area; and
(3) a Class A misdemeanor if:
(A) the offense is committed:
(i) in a habitation or a shelter center;
(ii) on a Superfund site; or
(iii) on or in a critical infrastructure
facility; or
(B) the person carries a deadly weapon during the
commission of the offense.
(d-1) An offense under this section is a Class C misdemeanor
punishable by a fine not to exceed $200 if:
(1) the sole basis on which entry on the property or
land or in the building was forbidden is that entry with a firearm
was forbidden; and
(2) the person was carrying in a concealed manner or in
a holster a handgun that the person was legally authorized to carry
at the time of the offense.
(d-2) An offense under this section is a Class A misdemeanor
if:
(1) the sole basis on which entry on the property or
land or in the building was forbidden is that entry with a firearm
was forbidden;
(2) the person was carrying in a concealed manner or in
a holster a handgun that the person was legally authorized to carry
at the time of the offense; and
(3) it is shown on the trial of the offense that, after
entering the property, land, or building, the actor was personally
given notice by oral communication that entry with a firearm was
forbidden and subsequently failed to depart.
(f) It is a defense to prosecution under this section that:
(1) the sole basis on which entry on the property or
land or in the building was forbidden is that entry with a firearm
[handgun] was forbidden; and
(2) at the time of the offense the person was carrying:
(A) a license issued under Subchapter H, Chapter
411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a [shoulder or belt] holster.
SECTION 11. Section 30.07(f), Penal Code, is amended to
read as follows:
(f) It is not a defense to prosecution under this section
that the handgun was carried in a [shoulder or belt] holster.
SECTION 12. Section 46.02(a-1), Penal Code, is amended to
read as follows:
(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, unless the person is
legally authorized [licensed] to carry a handgun [under Subchapter
H, Chapter 411, Government Code], and the handgun is carried in a
[shoulder or belt] holster; 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.
SECTION 13. Sections 46.03(e-1) and (e-2), Penal Code, are
amended to read as follows:
(e-1) It is a defense to prosecution under Subsection (a)(5)
that the actor:
(1) possessed, at the screening checkpoint for the
secured area, a [concealed] handgun that the actor was legally
authorized [licensed] to carry [under Subchapter H, Chapter 411,
Government Code]; and
(2) exited the screening checkpoint for the secured
area immediately on [upon] completion of the required screening
processes and notification that the actor possessed the handgun.
(e-2) A peace officer investigating conduct that may
constitute an offense under Subsection (a)(5) and that consists
only of an actor's possession of a [concealed] handgun that the
actor is legally authorized [licensed] to carry [under Subchapter
H, Chapter 411, Government Code,] may not arrest the actor for the
offense unless:
(1) the officer advises the actor of the defense
available under Subsection (e-1) and gives the actor an opportunity
to exit the screening checkpoint for the secured area; and
(2) the actor does not immediately exit the checkpoint
on [upon] completion of the required screening processes.
SECTION 14. The heading to Section 46.035, Penal Code, is
amended to read as follows:
Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER
OR OTHER PERSON LEGALLY AUTHORIZED TO CARRY HANDGUN.
SECTION 15. Sections 46.035(a), (b), (c), (d), (i), and
(l), Penal Code, are amended to read as follows:
(a) A person who is a license holder or otherwise legally
authorized to carry a handgun commits an offense if the person
[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. It is an exception to the
application of this subsection that the handgun was partially or
wholly visible but was carried in a [shoulder or belt] holster [by
the license holder].
(b) A person who is a license holder or otherwise legally
authorized to carry a handgun commits an offense if the person
[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 or
carried in a [shoulder or belt] holster[, 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 person [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
facility licensed under Chapter 242, Health and Safety Code, unless
the person [license holder] has written authorization of the
hospital or nursing facility administration, as appropriate; or
(5) in an amusement park[; or
[(6) on the premises of a church, synagogue, or other
established place of religious worship].
(c) A person who is a license holder or otherwise legally
authorized to carry a handgun commits an offense if the person
[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 or
carried in a [shoulder or belt] holster, in the room or rooms where
a meeting of a governmental entity is held and if the meeting is an
open meeting subject to Chapter 551, Government Code, and the
entity provided notice as required by that chapter.
(d) A person who is a license holder or otherwise legally
authorized to carry a handgun commits an offense if the person[,
while intoxicated, the license holder] carries a handgun while the
person is intoxicated [under the authority of Subchapter H, Chapter
411, Government Code], regardless of whether the handgun is
concealed or carried in a [shoulder or belt] holster.
(i) Subsections (b)(4), (b)(5), [(b)(6),] and (c) do not
apply to a license holder who [if the actor] was not given effective
notice under Section 30.06 or 30.07.
(l) Subsection (b)(2) does not apply to a license holder on
the premises where a collegiate sporting event is taking place if
the license holder [actor] was not given effective notice under
Section 30.06.
SECTION 16. Section 46.035(h-1), Penal Code, as added by
Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(h-1) It is a defense to prosecution under Subsections
(b)(1), (2), (4), and (5) [(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.
SECTION 17. Sections 46.15(a) and (b), Penal Code, are
amended to read as follows:
(a) Sections 46.02, [and] 46.03, and 46.035 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 handgun under
Subchapter H, Chapter 411, Government Code;
(5) an honorably retired peace officer, qualified
retired law enforcement officer, federal criminal investigator, or
former reserve law enforcement officer who holds a certificate of
proficiency issued under Section 1701.357, Occupations Code, and is
carrying a photo identification that is issued by a federal, state,
or local law enforcement agency, as applicable, and that verifies
that the officer is:
(A) an honorably retired peace officer;
(B) a qualified retired law enforcement officer;
(C) a federal criminal investigator; or
(D) a former reserve law enforcement officer who
has served in that capacity not less than a total of 15 years with
one or more state or local law enforcement agencies;
(6) a district attorney, criminal district attorney,
county attorney, or municipal attorney who is licensed to carry a
handgun under Subchapter H, Chapter 411, Government Code;
(7) an assistant district attorney, assistant
criminal district attorney, or assistant county attorney who is
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code;
(8) a bailiff designated by an active judicial officer
as defined by Section 411.201, Government Code, who is:
(A) licensed to carry a handgun under Subchapter
H, Chapter 411, Government Code; and
(B) engaged in escorting the judicial officer; or
(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 437.001, 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)] a license holder [issued] under Subchapter
H, Chapter 411, Government Code, [to carry a handgun;] and is
carrying
[(B)] a handgun:
(A) [(i)] in a concealed manner; or
(B) [(ii)] in a [shoulder or belt] holster;
(7) is at least 21 years of age and:
(A) has not been convicted of a felony;
(B) is fully qualified under applicable federal
law to purchase and possess a handgun;
(C) meets the requirements under Sections
411.172(a)(1)-(13), Government Code;
(D) is not a member of a criminal street gang, as
defined by Section 71.01; and
(E) is carrying a handgun:
(i) in a concealed manner; or
(ii) in a holster;
(8) 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
(9) [(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 18. The following provisions are repealed:
(1) Sections 11.041, 11.61(e), 61.11, and 61.71(f),
Alcoholic Beverage Code; and
(2) Section 411.204(d), Government Code.
SECTION 19. The changes in law made by this Act relating to
the authority of a person to carry a handgun apply to the carrying
of a handgun on or after the effective date of this Act by any person
who may legally carry a handgun under this Act.
SECTION 20. The changes in law made by this Act apply 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
governed 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 21. This Act takes effect September 1, 2017.