85R628 AJZ-D     By: Springer H.B. No. 560       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 handgun and to certain related   criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 30.06(e), 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 2.  Section 46.03(a), Penal Code, is amended to read   as follows:          (a)  A person commits an offense if the person intentionally,   knowingly, or recklessly possesses or goes with a firearm, illegal   knife, club, or prohibited weapon listed in Section 46.05(a):                (1)  on the physical premises of a school or   educational institution, the portion of any grounds or building on   which an activity sponsored by a school or educational institution   is being conducted, or a passenger transportation vehicle of a   school or educational institution, whether the school or   educational institution is public or private, unless:                      (A)  pursuant to written regulations or written   authorization of the institution; or                      (B)  the person possesses or goes with a concealed   handgun that the person is licensed to carry under Subchapter H,   Chapter 411, Government Code, and no other weapon to which this   section applies, on the premises of an institution of higher   education or private or independent institution of higher   education, on the portion of any grounds or building on which an   activity sponsored by the institution is being conducted, or in a   passenger transportation vehicle of the institution;                (2)  on the portion of the premises of a polling place   where voting or other election-related activities are occurring on   the day of an election or while early voting is in progress;                (3)  on the premises of any government court or offices   utilized by the court, unless pursuant to written regulations or   written authorization of the court;                (4)  on the premises of a racetrack;                (5)  in or into a secured area of an airport; or                (6)  within 1,000 feet of premises the location of   which is designated by the Texas Department of Criminal Justice as a   place of execution under Article 43.19, Code of Criminal Procedure,   on a day that a sentence of death is set to be imposed on the   designated premises and the person received notice that:                      (A)  going within 1,000 feet of the premises with   a weapon listed under this subsection was prohibited; or                      (B)  possessing a weapon listed under this   subsection within 1,000 feet of the premises was prohibited.          SECTION 3.  Sections 46.035(g), (h), and (j), Penal Code, as   amended by Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the   84th Legislature, Regular Session, 2015, are reenacted and amended   to read as follows:          (g)  An offense under this section [(a-1), (a-2), (a-3),] is   a Class A misdemeanor, except that an [unless the] offense [is   committed] under:                (1)  Subsection (a) or (e) is a Class C misdemeanor; and                (2)  Subsection (d) is a Class C misdemeanor, unless   the license holder has previously been convicted of an offense   under that subsection, in which 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].          (h)  It is a defense to prosecution under Subsection (a),   (a-1), (a-2), or (a-3) 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 force or threat of    [deadly] force under Chapter 9.          (j)  Subsections (a), (a-1), (a-2), and (a-3)[, and (b)(1)]   do not apply to a historical reenactment performed in compliance   with the rules of the Texas Alcoholic Beverage Commission.          SECTION 4.  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 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;                (5)  a person who is carrying a handgun and a license   issued under Subchapter H, Chapter 411, Government Code, to carry   the handgun; or                (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 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;                [(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 5.  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)(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 6.  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 7.  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 handgun the person is licensed   to carry under Subchapter H, Chapter 411, Government Code.          SECTION 8.  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 handgun 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 9.  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 handgun the person is licensed   to carry under Subchapter H, Chapter 411, Government Code.          SECTION 10.  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 handgun 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 11.  The following provisions are repealed:                (1)  Section 104.06, Alcoholic Beverage Code;                (2)  Sections 411.203 and 411.204, Government Code;                (3)  Section 52.062(b), Labor Code;                (4)  Section 46.03(f), Penal Code, as amended by   Chapters 437 (H.B. 910) and 1001 (H.B. 554), Acts of the 84th   Legislature, Regular Session, 2015;                (5)  Sections 46.035(b), (c), (f)(1), (i), (k), and   (l), Penal Code; and                (6)  Section 46.035(h-1), Penal Code, as added by   Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th   Legislature, Regular Session, 2007.          SECTION 12.  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 13.  This Act takes effect September 1, 2017.