87R2756 AJZ-F
	By: Springer	H.B. No. 304

	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,
	location-restricted 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.  Section 46.03(c), Penal Code, is amended by
	amending Subdivisions (1) and (2) and adding Subdivision (1-a) to
	read as follows:
	(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.
	(1-a) "Institution of higher education" and "private or
	independent institution of higher education" have the meanings
	assigned by Section 61.003, Education Code.
	(2)  "Premises" has the meaning ["Amusement park" and
	"premises" have the meanings] assigned by Section 46.035.
	SECTION 4.  Sections 46.035(g), (h), and (j), Penal Code,
	are amended to read as follows:
	(g)  An offense under this section 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 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 handgun under
	Subchapter H, Chapter 411, Government Code;
	[(5)] an honorably retired peace officer or other
	qualified retired law enforcement officer, as defined by 18 U.S.C.
	Section 926C, 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 an honorably retired peace officer or other qualified
	retired law enforcement officer;
	(5)  [(6) the attorney general or a United States
	attorney, 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 United States attorney, assistant
	attorney general, 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;
	[(9)] a juvenile probation officer who is authorized to
	carry a firearm under Section 142.006, Human Resources Code; or
	(6)  a person who is carrying a handgun and a license
	issued under Subchapter H, Chapter 411, Government Code, to carry
	the handgun [(10) a person who is volunteer emergency services
	personnel if the person is:
	[(A) carrying a handgun under the authority of
	Subchapter H, Chapter 411, Government Code; and
	[(B) engaged in providing emergency services].
	(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 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 the attorney general or a
	judge, justice, United States attorney, assistant United States
	attorney, assistant attorney general, prosecuting attorney, or
	assistant prosecuting attorney, as described by Section
	46.15(a)(4), (6), or (7), Penal Code,] to indicate on the license
	the license holder's status as a qualified handgun instructor [or
	as the attorney general or a judge, justice, United States
	attorney, assistant United States attorney, assistant attorney
	general, 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 411.209(a), Government Code, is amended
	to read as follows:
	(a)  A [Except as provided by Subsection (i), a] state agency
	or a political subdivision of the state may not take any action,
	including an action consisting of the provision of notice by a
	communication described by Section 30.06 or 30.07, Penal Code, that
	states or implies that a license holder who is carrying a handgun
	under the authority of this subchapter is prohibited from entering
	or remaining on a premises or other place owned or leased by the
	governmental entity unless license holders are prohibited from
	carrying a handgun on the premises or other place by Section 46.03
	or 46.035, Penal Code, or other law.
	SECTION 9.  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 10.  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 11.  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 12.  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 13.  The following provisions are repealed:
	(1)  Section 104.06(c), Alcoholic Beverage Code;
	(2)  Sections 411.203, 411.204, and 411.209(i),
	Government Code;
	(3)  Section 552.002, Health and Safety Code;
	(4)  Section 52.062(b), Labor Code;
	(5)  Section 46.03(f), Penal Code;
	(6)  Sections 46.035(b), (c), (f)(1), (i), (k), (l),
	and (m), Penal Code; and
	(7)  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 14.  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 15.  This Act takes effect September 1, 2021.