Bill Text: TX SB34 | 2013 | 83rd Legislature 1st Special Session | Introduced
Bill Title: Relating to certain offenses involving the carrying of concealed handguns by license holders and to defenses and exceptions to the prosecution of those offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-06-11 - Filed [SB34 Detail]
Download: Texas-2013-SB34-Introduced.html
| 83S10317 AJZ-F | ||
| By: Campbell | S.B. No. 34 | |
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| relating to certain offenses involving the carrying of concealed | ||
| handguns by license holders and to defenses and exceptions to the | ||
| prosecution of those offenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 46.03, Penal Code, is amended by | ||
| amending Subsection (f) and adding Subsection (f-1) to read as | ||
| follows: | ||
| (f) It is not a defense to prosecution under Subsection | ||
| (a)(1), (3), (5), or (6) [ |
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| handgun and was licensed to carry a concealed handgun under | ||
| Subchapter H, Chapter 411, Government Code. | ||
| (f-1) It is an exception to the application of Subsections | ||
| (a)(2) and (4) that the actor possessed a handgun, and no other | ||
| weapon to which this section applies, and was licensed to carry a | ||
| concealed handgun under Subchapter H, Chapter 411, Government Code. | ||
| SECTION 2. Sections 46.035(b) and (c), Penal Code, are | ||
| amended to read as follows: | ||
| (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[ |
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| (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, unless the license holder has not received | ||
| effective notice under Section 30.06. | ||
| SECTION 3. 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), (b)(2) [ |
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| 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 4. Subsection (h-1), Section 46.035, Penal Code, as | ||
| added by Chapter 1214 (H.B. 1889), Acts of the 80th Legislature, | ||
| Regular Session, 2007, is redesignated as Subsection (h-2), Section | ||
| 46.035, Penal Code, to read as follows: | ||
| (h-2) [ |
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| 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. | ||
| SECTION 5. Sections 46.035(f)(1) and (i), Penal Code, are | ||
| repealed. | ||
| SECTION 6. The change in law made by this Act applies 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 on the date 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 7. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
