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               A BILL TO BE ENTITLED
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               AN ACT
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            relating to authorizing certain persons to carry a handgun without  | 
         
         
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            a license. | 
         
         
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                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
         
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                   SECTION 1.  Section 46.15, Penal Code, is amended by adding  | 
         
         
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            Subsection (m) to read as follows: | 
         
         
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                   (m)  Sections 46.02, 46.03(a)(1), (2), (3), (4), and (5), and  | 
         
         
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            46.035(a), (a-1), (a-2), (a-3), (b)(1), (2), (4), and (5), and (c)  | 
         
         
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            do not apply to a person who: | 
         
         
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                         (1)  is not prohibited under state or federal law from  | 
         
         
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            possessing a firearm; | 
         
         
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                         (2)  is 18 years of age or older; | 
         
         
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                         (3)  is: | 
         
         
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                               (A)  protected under: | 
         
         
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                                     (i)  a temporary restraining order or  | 
         
         
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            temporary injunction issued under Subchapter F, Chapter 6, Family  | 
         
         
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            Code; | 
         
         
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                                     (ii)  a temporary ex parte order issued  | 
         
         
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            under Chapter 83, Family Code; | 
         
         
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                                     (iii)  a protective order issued under  | 
         
         
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            Chapter 85, Family Code; | 
         
         
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                                     (iv)  a protective order issued Chapter 7B,  | 
         
         
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            Code of Criminal Procedure; or | 
         
         
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                                     (v)  a magistrate's order for emergency  | 
         
         
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            protection issued under Article 17.292, Code of Criminal Procedure; | 
         
         
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                               (B)  a member of the household or family of a  | 
         
         
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            person protected under an order described by Paragraph (A); or | 
         
         
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                               (C)  a participant in the address confidentiality  | 
         
         
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            program under Subchapter B, Chapter 58, Code of Criminal Procedure;   | 
         
         
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            and | 
         
         
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                         (4)  carries: | 
         
         
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                               (A)  a handgun: | 
         
         
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                                     (i)  in a concealed manner; or  | 
         
         
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                                     (ii)  in a shoulder or belt holster, unless  | 
         
         
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            the person is on a premises described by Section 46.035(a-1); and | 
         
         
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                               (B)  documentation of the order or program  | 
         
         
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            participation described by Subdivision (3). | 
         
         
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                   SECTION 2.  Section 11.61(e), Alcoholic Beverage Code, is  | 
         
         
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            amended to read as follows: | 
         
         
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                   (e)  Except as provided by Subsection (f) or (i), the  | 
         
         
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            commission or administrator shall cancel an original or renewal  | 
         
         
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            permit if it is found, after notice and hearing, that the permittee  | 
         
         
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            knowingly allowed a person to possess a firearm in a building on the  | 
         
         
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            licensed premises. This subsection does not apply to a person: | 
         
         
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                         (1)  who holds a security officer commission issued  | 
         
         
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            under Chapter 1702, Occupations Code, if: | 
         
         
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                               (A)  the person is engaged in the performance of  | 
         
         
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            the person's duties as a security officer; | 
         
         
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                               (B)  the person is wearing a distinctive uniform;  | 
         
         
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            and | 
         
         
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                               (C)  the weapon is in plain view; | 
         
         
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                         (2)  who is a peace officer; | 
         
         
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                         (3)  who is a permittee or an employee of a permittee if  | 
         
         
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            the person is supervising the operation of the premises; [or] | 
         
         
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                         (4)  who possesses a handgun the person is licensed to  | 
         
         
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            carry under Subchapter H, Chapter 411, Government Code, unless the  | 
         
         
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            person is on the premises of a business described by Section  | 
         
         
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            46.035(b)(1), Penal Code; or | 
         
         
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                         (5)  who possesses a handgun and is a person described  | 
         
         
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            by Section 46.15(m), Penal Code. | 
         
         
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                   SECTION 3.  Section 61.71(f), Alcoholic Beverage Code, is  | 
         
         
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            amended to read as follows: | 
         
         
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                   (f)  Except as provided by Subsection (g) or (j), the  | 
         
         
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            commission or administrator shall cancel an original or renewal  | 
         
         
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            dealer's on-premises or off-premises license if it is found, after  | 
         
         
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            notice and hearing, that the licensee knowingly allowed a person to  | 
         
         
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            possess a firearm in a building on the licensed premises. This  | 
         
         
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            subsection does not apply to a person: | 
         
         
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                         (1)  who holds a security officer commission issued  | 
         
         
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            under Chapter 1702, Occupations Code, if: | 
         
         
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                               (A)  the person is engaged in the performance of  | 
         
         
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            the person's duties as a security officer; | 
         
         
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                               (B)  the person is wearing a distinctive uniform;  | 
         
         
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            and | 
         
         
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                               (C)  the weapon is in plain view; | 
         
         
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                         (2)  who is a peace officer; | 
         
         
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                         (3)  who is a licensee or an employee of a licensee if  | 
         
         
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            the person is supervising the operation of the premises; [or] | 
         
         
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                         (4)  who possesses a handgun the person is licensed to  | 
         
         
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            carry under Subchapter H, Chapter 411, Government Code, unless the  | 
         
         
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            person is on the premises of a business described by Section  | 
         
         
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            46.035(b)(1), Penal Code; or | 
         
         
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                         (5)  who possesses a handgun and is a person described  | 
         
         
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            by Section 46.15(m), Penal Code. | 
         
         
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                   SECTION 4.  The changes in law made by this Act apply only to  | 
         
         
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            an offense committed on or after the effective date of this Act. An  | 
         
         
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            offense committed before the effective date of this Act is governed  | 
         
         
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            by the law in effect on the date the offense was committed, and the  | 
         
         
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            former law is continued in effect for that purpose. For purposes of  | 
         
         
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            this section, an offense was committed before the effective date of  | 
         
         
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            this Act if any element of the offense occurred before that date. | 
         
         
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                   SECTION 5.  This Act takes effect September 1, 2021. |