By: Springer	H.B. No. 49

	A BILL TO BE ENTITLED
	AN ACT
	relating to the places where a person may carry a handgun if the
	person is licensed to carry a concealed handgun.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 30.06(c)(2), Penal Code, is amended to
	read as follows:
	(2)  "License holder" has the meaning assigned by
	Section 46.035(d) [46.035(f)].
	SECTION 2.  Section 30.06(e) and (f), Penal Code, is amended
	to read as follows:
	(e)  It is an exception to the application of this section
	that the property on which the license holder carries a handgun is
	owned or leased by a governmental entity [and is not a premises or
	other place on which the license holder is prohibited from carrying
	the handgun under Section 46.03 or 46.035].
	SECTION 3.  Section 46.03(c)(1), Penal Code, is amended to
	read as follows:
	(1)  "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, or any portion of the building in which the activity
	prompting the prohibition is not then ongoing [has the meaning
	assigned by Section 46.035].
	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.]
	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.
	SECTION 6.  Section 411.179(c), Government Code, is amended
	to read as follows:
	(c)  In adopting the form of the license under Subsection
	(a), the department shall establish a procedure for the license of a
	qualified handgun instructor [or of a judge, justice, prosecuting
	attorney, or assistant prosecuting attorney, as described by
	Section 46.15(a)(5)(A), (B), or (C) [46.15(a)(4) or (6)], Penal
	Code,] to indicate on the license the license holder's status as a
	qualified handgun instructor [or as a judge, justice, district
	attorney, criminal district attorney, or county attorney]. In
	establishing the procedure, the department shall require
	sufficient documentary evidence to establish the license holder's
	status under this subsection.
	SECTION 7.  Section 411.198(b), Government Code, is amended
	to read as follows:
	(b) It is a defense to prosecution under Section 46.035(a)
	[46.035], Penal Code, that the actor, at the time of the commission
	of the offense, was the holder of an alias license issued under this
	section.
	SECTION 8.  Section 11.041(a), Alcoholic Beverage Code, is
	amended to read as follows:
	(a)  Each holder of a permit [who is not otherwise required
	to display a sign under Section 411.204, Government Code,] shall
	display in a prominent place on the permit holder's premises a sign
	giving notice that it is unlawful for a person to carry a weapon on
	the premises unless the weapon is a concealed handgun of the same
	category the person is licensed to carry under Subchapter H,
	Chapter 411, Government Code.
	SECTION 9.  Section 11.61(e), Alcoholic Beverage Code, is
	amended to read as follows:
	(e)  Except as provided by Subsection (f) or (i), the
	commission or administrator shall cancel an original or renewal
	permit if it is found, after notice and hearing, that the permittee
	knowingly allowed a person to possess a firearm in a building on the
	licensed premises. This subsection does not apply to a person:
	(1)  who holds a security officer commission issued
	under Chapter 1702, Occupations Code, if:
	(A)  the person is engaged in the performance of
	the person's duties as a security officer;
	(B)  the person is wearing a distinctive uniform;
	and
	(C)  the weapon is in plain view;
	(2)  who is a peace officer;
	(3)  who is a permittee or an employee of a permittee if
	the person is supervising the operation of the premises; or
	(4)  who possesses a concealed handgun of the same
	category the person is licensed to carry under Subchapter H,
	Chapter 411, Government Code[, unless the person is on the premises
	of a business described by Section 46.035(b)(1), Penal Code].
	SECTION 10.  Section 61.11(a), Alcoholic Beverage Code, is
	amended to read as follows:
	(a)  Each holder of a license [who is not otherwise required
	to display a sign under Section 411.204, Government Code,] shall
	display in a prominent place on the license holder's premises a sign
	giving notice that it is unlawful for a person to carry a weapon on
	the premises unless the weapon is a concealed handgun of the same
	category the person is licensed to carry under Subchapter H,
	Chapter 411, Government Code.
	SECTION 11.  Section 61.71(f), Alcoholic Beverage Code, is
	amended to read as follows:
	(f)  Except as provided by Subsection (g) or (j), the
	commission or administrator shall cancel an original or renewal
	dealer's on-premises or off-premises license if it is found, after
	notice and hearing, that the licensee knowingly allowed a person to
	possess a firearm in a building on the licensed premises. This
	subsection does not apply to a person:
	(1)  who holds a security officer commission issued
	under Chapter 1702, Occupations Code, if:
	(A)  the person is engaged in the performance of
	the person's duties as a security officer;
	(B)  the person is wearing a distinctive uniform;
	and
	(C)  the weapon is in plain view;
	(2)  who is a peace officer;
	(3)  who is a licensee or an employee of a licensee if
	the person is supervising the operation of the premises; or
	(4)  who possesses a concealed handgun of the same
	category the person is licensed to carry under Subchapter H,
	Chapter 411, Government Code[, unless the person is on the premises
	of a business described by Section 46.035(b)(1), Penal Code].
	SECTION 12.  The following provisions are repealed:
	(1)  Section 104.06, Alcoholic Beverage Code;
	(2)  Sections 411.203 and 411.204, Government Code; and
	(3)  Section 46.03(f), Penal Code.
	SECTION 13.  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 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 14.  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, 2013.