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H.B.ANo.A375
A BILL TO BE ENTITLED
AN ACT
1
2
relating
to
providing
for
the
carrying
of
handguns
without
SECTIONA1.AAThis
Act
shall
SECTIONA2.AASection
46.02,
be
Penal
known
as
Code,
is
the
Texas
amended
by
10
11
12
13
person s control; or
14
15
16
control.
17
18
19
20
SECTIONA3.AASection
46.03,
Penal
Code,
is
amended
by
21
(1)AApossessed,
at
the
screening
checkpoint
for
the
22
secured area, a concealed handgun that the actor was not otherwise
23
prohibited
24
by
85R2553 TYPED
law
from
possessing
[licensed
to
carry
under
H.B.ANo.A375
(2)AAexited the screening checkpoint for the secured
1
2
area
immediately
(e-2)AAA
upon
peace
completion
officer
of
the
required
investigating
screening
conduct
that
may
10
officer
advises
the
actor
of
the
defense
11
12
13
14
15
16
17
18
19
CARRYING
OF
HANDGUN
[BY
LICENSE
HOLDER].
SECTIONA5.AASection
46.035,
Penal
Code,
is
amended
by
20
amending Subsections (a), (a-1), (a-2), (a-3), (b), and (f) to read
21
as follows:
22
23
24
25
Chapter
26
27
411,
Government
Code,]
and
intentionally
displays
the
H.B.ANo.A375
1
Subsection
(a),
person
[license
person
Government
[under
the
Code],
authority
and
(1)AAon
10
11
education
or
12
education; or
Subchapter
intentionally
the
private
(2)AAon
13
of
premises
or
any
or
of
public
or
Chapter
knowingly
an
independent
H,
displays
institution
institution
private
411,
the
of
higher
of
higher
driveway,
street,
14
15
area
16
of
an
institution
of
higher
education
or
private
or
17
18
19
20
21
rules,
22
[license
23
24
which
25
26
institution,
regardless
27
provided
institution
regulations,
an
holders]
activity
the
or
from
other
provisions
carrying
sponsored
of
by
handguns
such
whether
gives
an
the
effective
prohibiting
persons
pursuant
Section
to
institution
handgun
notice
is
is
being
concealed,
under
Section
H.B.ANo.A375
1
30.06.
premises
is
10
located
prohibited
on
by
the
campus
rules,
of
an
institution
regulations,
or
other
of
higher
provisions
11
12
person
[the
license
holder]
intentionally,
knowingly,
or
13
14
15
16
17
18
license
19
20
income
21
on-premises
22
issued
from
under
the
Chapter
sale
or
consumption,
25,
service
as
28,
32,
of
determined
69,
or
alcoholic
by
the
74,
Alcoholic
beverages
Texas
for
Alcoholic
23
24
25
26
27
H.B.ANo.A375
(4)AAon
the
premises
of
hospital
licensed
under
facility licensed under Chapter 242, Health and Safety Code, unless
the
person
[license
holder]
has
written
authorization
of
the
(7)AAin
the
room
or
rooms
where
meeting
of
10
11
12
13
(8)AAwhile intoxicated;
14
15
Class C misdemeanor; or
16
17
18
19
(1)AA"Amusement
park"
means
permanent
indoor
or
20
21
22
23
24
open for operation more than 120 days in each calendar year, and has
25
26
include
27
any
public
or
private
driveway,
street,
sidewalk
or
H.B.ANo.A375
1
(3)AA"Premises"
means
building
or
portion
of
building.
10
11
parking area.
SECTIONA6.AASection
46.035(h-1),
Penal
Code,
as
added
by
12
13
14
(h-1)AAIt
is
defense
15
(b)(1)-(7)
16
17
[(b)
and
(c)]
that
prosecution
the
actor,
at
under
the
Subsections
time
of
the
18
19
(2)AAa
20
to
bailiff
designated
by
the
active
judicial
21
22
23
24
25
26
27
SECTIONA7.AASection
46.035(i),
Penal
Code,
is
amended
to
read as follows:
(i)AASubsections
(b)(4)-(7)
[(b)(4),
(b)(5),
(b)(6),
and
H.B.ANo.A375
1
(c)] do not apply if the actor was not given effective notice under
3
4
5
6
7
officers
or
special
investigators
under
10
11
12
13
14
15
16
(A)AAengaged
17
in
the
actual
discharge
of
the
18
19
20
21
22
23
24
25
(A)AAengaged
26
27
in
the
actual
discharge
of
the
H.B.ANo.A375
1
honorably
retired
peace
officer,
qualified
10
11
12
13
14
15
16
has served in that capacity not less than a total of 15 years with
17
18
19
20
21
(7)AAan
assistant
district
attorney,
assistant
22
23
licensed
24
Government Code;
25
26
27
to
carry
handgun
under
Subchapter
H,
Chapter
411,
H.B.ANo.A375
1
5
6
10
11
12
13
14
(a)
does
not
affect
the
authority
15
16
for
17
lawful purpose;
personal
18
or
national
defense,
law
enforcement,
or
another
19
within
20
shooting range;
the
limits
of
the
municipality,
other
than
at
sport
21
22
23
24
25
26
27
H.B.ANo.A375
1
municipality
finds
the
regulations
(5)AAregulate
the
necessary
storage
or
to
protect
public
transportation
of
pounds or less of black powder for each retail dealer are not
subject to regulation;
10
11
(A)AA[public park;
12
13
14
15
parade,
or
official
political meeting; or
16
17
rally,
(B)A[(D)]AAnonfirearms-related
school,
college,
18
(7)AAregulate
the
hours
of
operation
of
sport
19
shooting range, except that the hours of operation may not be more
20
21
22
licensed
23
consumption; or
24
to
sell
or
serve
alcoholic
beverages
on-premises
25
(A)AApublic property; or
26
(B)AAprivate
27
for
property
property owner.
10
without
consent
of
the
H.B.ANo.A375
SECTIONA11.AASection 411.2031, Government Code, is amended
1
2
to read as follows:
Sec.A411.2031.AACARRYING OF HANDGUNS [BY LICENSE HOLDERS] ON
3
4
CERTAIN CAMPUSES.
5
6
leased
by
10
independent
of
higher
education
or
private
or
institution
of
higher
education"
have
the
meanings
11
12
institution
8
9
an
has
the
meaning
assigned
by
Section
13
14
15
16
17
in this state.
18
19
institution
20
21
22
23
of
(d)AAAn
higher
education
institution
of
or
higher
private
education
or
independent
or
private
or
24
independent
25
26
27
that are owned or leased and operated by the institution and located
institution
of
higher
11
education
in
this
state
may
H.B.ANo.A375
1
institution
of
higher
institution.
education
12
prohibiting
13
14
may
15
16
unless
17
18
19
20
carry.
21
provisions
subsequently
as
amended
holders]
necessary
by
the
from
may
not
establish
the
officer
shall
11
[license
or
state
the
persons
president
this
10
amend
The
in
carrying
establish
concealed
board
campus
of
safety.
regents
or
The
other
(d-2)AANot later than the 90th day after the date that the
22
rules,
23
described
24
25
the provisions.
26
27
partly
regulations,
the
by
or
Subsection
other
provisions
(d-1),
the
board
are
of
established
regents
or
as
other
provisions
established
12
under
Subsection
(d-1).
If
H.B.ANo.A375
1
institution
of
higher
education
shall
widely
including
by
prominently
publishing
the
provisions
on
the
10
11
legislature
12
with
jurisdiction
(1)AAdescribes
13
its
over
rules,
the
implementation
regulations,
or
and
other
14
15
16
17
the
reasons
the
institution
has
18
(e)AAA
private
or
independent
institution
of
higher
19
20
21
other
22
23
24
conducted,
25
institution.
26
27
provisions
or
prohibiting
passenger
persons
[license
transportation
vehicle
holders]
owned
by
from
the
13
H.B.ANo.A375
1
CAMPUSES.
(a)
4
5
leased
by
an
institution
of
higher
education
or
private
or
7
8
independent
institution
10
of
institution
higher
of
education"
higher
have
education
or
the
meanings
private
or
11
12
13
14
30.07,
15
16
17
18
19
or ammunition:
20
21
22
23
24
25
Penal
Code,
prohibiting
or
placing
restrictions
on
the
26
27
14
H.B.ANo.A375
1
individual.
person
holder] from the scene if the officer determines that the person
[license
holder]
before
discharging
the
person
[license
10
11
12
13
14
15
the
16
17
secure
18
19
20
officer shall secure the handgun in the locker and shall return the
21
22
23
enforcement facility.
official
portion
of
duties
law
may
temporarily
enforcement
disarm
facility,
if
person
the
law
The peace
24
25
26
that gives notice in both English and Spanish that, under this
27
15
H.B.ANo.A375
1
5
6
SECTIONA14.AASection
30.05(f),
Penal
Code,
is
The sign
amended
to
read as follows:
10
forbidden[; and
11
12
13
14
15
16
17
18
(a)
19
20
21
22
23
24
25
26
act for the owner provides notice to the person by oral or written
27
communication.
16
H.B.ANo.A375
(c)AAIn this section:
(1)AA"Entry"
2
3
the
meaning
assigned
by
Section
30.05(b).
(2)AA["License
4
5
has
holder"
has
the
meaning
assigned
by
Section 46.035(f).
[(3)]AA"Written communication" means:
6
7
10
11
12
enter
13
handgun"; or
14
15
16
17
18
19
20
this
property
while
in
possession
of
[with]
concealed
the
language
described
contrasting
colors
by
in
with
21
22
23
24
that, after entering the property, the person [license holder] was
25
26
27
17
H.B.ANo.A375
1
6
7
follows:
Sec.A30.07.AATRESPASS BY PERSON IN POSSESSION OF [LICENSE
(a)
A person [license
10
11
12
13
14
15
16
17
act for the owner provides notice to the person by oral or written
18
communication.
19
20
21
22
23
24
(1)AA"Entry"
has
the
meaning
assigned
by
Section
30.05(b).
(2)AA["License
holder"
has
the
meaning
assigned
by
Section 46.035(f).
[(3)]AA"Written communication" means:
25
26
27
18
H.B.ANo.A375
1
with]
an
openly
Subchapter
law),] may not enter this property with a handgun that is carried
openly"; or
H,
carried
Chapter
Code
[licensed
(handgun
under
licensing
the
language
described
contrasting
colors
by
in
with
10
11
person
Government
(i)AAincludes
411,
handgun),
12
13
14
15
that, after entering the property, the person [license holder] was
16
17
18
19
that
20
21
22
23
or 46.035.
24
the
property
on
which
the
person
[license
holder]
25
26
27
openly
19
H.B.ANo.A375
1
(5)AASection
46.035(h-1),
Penal
Code,
as
added
by
Session, 2007.
SECTIONA18.AAThis
Act
takes
effect
immediately
if
it
10
If
this
Act
does
not
receive
the
11
effect, this Act takes effect on the 91st day after the last day of
12
20
vote
necessary
for
immediate