By: Springer H.B. No. 299       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, 2021.