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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying of handguns by and an exemption from |
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application of the Private Security Act of certain persons who |
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provide security services on a volunteer basis at an established |
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place of religious worship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter N, Chapter 1702, Occupations Code, is |
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amended by adding Section 1702.333 to read as follows: |
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Sec. 1702.333. PLACE OF RELIGIOUS WORSHIP; CERTAIN |
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VOLUNTEERS. (a) This chapter does not apply to a person who |
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complies with Subsection (b) and who is approved by the leadership |
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of a church, synagogue, or other established place of religious |
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worship to provide security services on the premises of the place of |
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religious worship as a member of a volunteer safety group. |
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(b) While serving as a member of a volunteer safety group, a |
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person may not: |
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(1) wear a uniform, badge, patch, or other item that |
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would give the member the appearance of being a peace officer, |
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personal protection officer, or security officer; or |
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(2) carry an object displaying a word or phrase, |
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including the word "security," that would give the person the |
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appearance of being a peace officer, personal protection officer, |
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or security officer. |
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SECTION 2. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.2035 to read as follows: |
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Sec. 411.2035. CARRYING OF HANDGUNS ON PREMISES OF PLACE OF |
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RELIGIOUS WORSHIP. (a) This section applies only to a person who |
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is providing security services to a church, synagogue, or other |
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established place of religious worship as a member of a volunteer |
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safety group of the place of religious worship as described by |
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Section 1702.333, Occupations Code. |
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(b) A person described by Subsection (a) who is licensed to |
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carry a handgun under this subchapter may carry a handgun on the |
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premises of the applicable place of religious worship only on |
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approval by the leadership of the place of religious worship. |
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SECTION 3. Section 46.035(b), Penal Code, is amended to |
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read as follows: |
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(b) A license holder commits an offense if the license |
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holder intentionally, knowingly, or recklessly carries a handgun |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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regardless of whether the handgun is concealed or carried in a |
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shoulder or belt holster, on or about the license holder's person: |
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(1) on the premises of a business that has a permit or |
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license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
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Beverage Code, if the business derives 51 percent or more of its |
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income from the sale or service of alcoholic beverages for |
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on-premises consumption, as determined by the Texas Alcoholic |
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Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
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(2) on the premises where a high school, collegiate, |
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or professional sporting event or interscholastic event is taking |
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place, unless the license holder is a participant in the event and a |
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handgun is used in the event; |
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(3) on the premises of a correctional facility; |
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(4) on the premises of a hospital licensed under |
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Chapter 241, Health and Safety Code, or on the premises of a nursing |
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facility licensed under Chapter 242, Health and Safety Code, unless |
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the license holder has written authorization of the hospital or |
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nursing facility administration, as appropriate; |
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(5) in an amusement park; or |
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(6) on the premises of a church, synagogue, or other |
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established place of religious worship, unless: |
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(A) the license holder is providing security |
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services to a church, synagogue, or other established place of |
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religious worship as a member of a volunteer safety group of the |
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place of religious worship as described by Section 1702.333, |
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Occupations Code; and |
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(B) the leadership of the place of religious |
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worship has approved the carrying of the handgun by the license |
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holder. |
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SECTION 4. The change in law made by this Act to Section |
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46.035, Penal Code, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2017. |