85R8501 JSC-F
 
  By: White H.B. No. 1911
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to granting authority to carry a firearm to an unlicensed
  person who otherwise meets certain requirements for a handgun
  license and to related criminal offenses; creating a criminal
  offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 506, Business & Commerce Code, as added
  by Chapter 794 (H.B. 2739), Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
  CHAPTER 506.  LICENSE TO CARRY [CONCEALED] HANDGUN [LICENSES] AS
  VALID FORM [FORMS] OF PERSONAL IDENTIFICATION
         Sec. 506.001.  [CONCEALED HANDGUN] LICENSE TO CARRY HANDGUN
  AS VALID PROOF OF IDENTIFICATION. (a) A person may not deny the
  holder of a [concealed] handgun license issued under Subchapter H,
  Chapter 411, Government Code, access to goods, services, or
  facilities, except as provided by Section 521.460, Transportation
  Code, or in regard to the operation of a motor vehicle, because the
  holder has or presents a [concealed] handgun license rather than a
  driver's license or other acceptable form of personal
  identification.
         (b)  This section does not affect:
               (1)  the requirement under Section 411.205, Government
  Code, that a person subject to that section present a driver's
  license or identification certificate or other proof of identity on
  the request of a magistrate or peace officer [in addition to a
  concealed handgun license]; or
               (2)  the types of identification required under federal
  law to access airport premises or pass through airport security.
         SECTION 2.  Section 51.220(g), Education Code, is amended to
  read as follows:
         (g)  A public junior college employee's status as a school
  marshal becomes inactive on:
               (1)  expiration of the employee's school marshal
  license under Section 1701.260, Occupations Code;
               (2)  suspension or revocation of the employee's license
  to carry a [concealed] handgun issued under Subchapter H, Chapter
  411, Government Code;
               (3)  termination of the employee's employment with the
  public junior college; or
               (4)  notice from the governing board of the public
  junior college that the employee's services as school marshal are
  no longer required.
         SECTION 3.  Section 231.302(c-1), Family Code, is amended to
  read as follows:
         (c-1)  For purposes of issuing a license to carry a
  [concealed] handgun under Subchapter H, Chapter 411, Government
  Code, the Department of Public Safety is not required to request,
  and an applicant is not required to provide, the applicant's social
  security number.
         SECTION 4.  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 5.  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 6.  Section 411.190(c), Government Code, is amended
  to read as follows:
         (c)  In the manner applicable to a person who applies for a
  license to carry a handgun, the department shall conduct a
  background check of a person who applies for certification as a
  qualified handgun instructor. If the background check indicates
  that the applicant for certification would not qualify to receive a
  handgun license, the department may not certify the applicant as a
  qualified handgun instructor. If the background check indicates
  that the applicant for certification would qualify to receive a
  handgun license, the department shall provide handgun instructor
  training to the applicant. The applicant shall pay a fee of $100 to
  the department for the training. The applicant must take and
  successfully complete the training offered by the department and
  pay the training fee before the department may certify the
  applicant as a qualified handgun instructor. The department shall
  issue a license to carry a handgun under [the authority of] this
  subchapter to any person who is certified as a qualified handgun
  instructor and who pays to the department a fee of $100 in addition
  to the training fee. The department by rule may prorate or waive
  the training fee for an employee of another governmental entity.
         SECTION 7.  Sections 411.201(c), (e), and (h), Government
  Code, are amended to read as follows:
         (c)  An active judicial officer is eligible for a license to
  carry a handgun under [the authority of] this subchapter. A retired
  judicial officer is eligible for a license to carry a handgun under
  [the authority of] this subchapter if the officer:
               (1)  has not been convicted of a felony;
               (2)  has not, in the five years preceding the date of
  application, been convicted of a Class A or Class B misdemeanor or
  equivalent offense;
               (3)  is not charged with the commission of a Class A or
  Class B misdemeanor or equivalent offense or of a felony under an
  information or indictment;
               (4)  is not a chemically dependent person; and
               (5)  is not a person of unsound mind.
         (e)  On receipt of all the application materials required by
  this section, the department shall:
               (1)  if the applicant is an active judicial officer,
  issue a license to carry a handgun under [the authority of] this
  subchapter; or
               (2)  if the applicant is a retired judicial officer,
  conduct an appropriate background investigation to determine the
  applicant's eligibility for the license and, if the applicant is
  eligible, issue a license to carry a handgun under [the authority
  of] this subchapter.
         (h)  The department shall issue a license to carry a handgun
  under [the authority of] this subchapter to an elected attorney
  representing the state in the prosecution of felony cases who meets
  the requirements of this section for an active judicial officer.
  The department shall waive any fee required for the issuance of an
  original, duplicate, or renewed license under this subchapter for
  an applicant who is an attorney elected or employed to represent the
  state in the prosecution of felony cases.
         SECTION 8.  Section 411.203, Government Code, is amended to
  read as follows:
         Sec. 411.203.  RIGHTS OF EMPLOYERS. (a) This subchapter
  does not prevent or otherwise limit the right of a public or private
  employer to prohibit persons who are licensed under this subchapter
  or otherwise legally authorized to carry a handgun or other firearm
  from carrying a handgun or other firearm on the premises of the
  business.
         (b)  In this section, "premises" has the meaning assigned by
  Section 46.035(f) [46.035(f)(3)], Penal Code.
         SECTION 9.  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 10.  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 11.  The heading to Section 411.206, Government
  Code, is amended to read as follows:
         Sec. 411.206.  SEIZURE OF HANDGUN AND HANDGUN LICENSE.
         SECTION 12.  Sections 411.206(a) and (c), Government Code,
  are amended to read as follows:
         (a)  If a peace officer arrests and takes into custody a
  person [license holder] who is carrying a handgun [under the
  authority of this subchapter], the officer shall seize the person's
  [license holder's] handgun and, if the person is a license holder
  under this subchapter and is carrying the person's handgun license,
  the person's handgun license as evidence.
         (c)  Any judgment of conviction entered by any court for an
  offense under Section 46.035, Penal Code, must contain the handgun
  license number of the convicted person, if the person is a handgun
  license holder. A certified copy of the judgment is conclusive and
  sufficient evidence to justify revocation of a license under
  Section 411.186(a)(4).
         SECTION 13.  Sections 411.207(a), (b), and (c), Government
  Code, are amended to read as follows:
         (a)  A peace officer who is acting in the lawful discharge of
  the officer's official duties may disarm a person, including a
  license holder, who is carrying a handgun at any time the officer
  reasonably believes it is necessary for the protection of the
  person [license holder], officer, or another individual. The peace
  officer shall return the handgun to the person [license holder]
  before discharging the person [license holder] from the scene if
  the officer determines that the person:
               (1)  [license holder] is not a threat to the officer,
  person [license holder], or another individual;
               (2)  [and if the license holder] has not violated any
  provision of this subchapter or committed any other violation that
  results in the arrest of the person; and
               (3)  is a license holder or otherwise legally
  authorized to carry a handgun.
         (b)  A peace officer who is acting in the lawful discharge of
  the officer's official duties may [temporarily] disarm only
  temporarily 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.  
  The[, if the] law enforcement agency shall provide [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 14.  The heading to Section 411.209, Government
  Code, is amended to read as follows:
         Sec. 411.209.  WRONGFUL EXCLUSION OF PERSON LEGALLY
  AUTHORIZED TO CARRY [CONCEALED] HANDGUN [LICENSE HOLDER].
         SECTION 15.  Sections 411.209(a) and (d), Government Code,
  are amended to read as follows:
         (a)  A state agency or a political subdivision of the state
  may not provide notice by a communication described by Section
  30.06 or 30.07, Penal Code, or by any sign expressly referring to
  either of those provisions [that law or to a concealed handgun
  license], that a person who is [license holder] 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 a person is [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.
         (d)  A resident [citizen] of this state or a person licensed
  to carry a [concealed] handgun under this subchapter may file a
  complaint with the attorney general that a state agency or
  political subdivision is in violation of Subsection (a) if the
  resident [citizen] or license holder [person] provides the agency
  or subdivision a written notice that describes the violation and
  specific location of the sign found to be in violation and the
  agency or subdivision does not cure the violation before the end of
  the third business day after the date of receiving the written
  notice. A complaint filed under this subsection must include
  evidence of the violation and a copy of the written notice.
         SECTION 16.  Section 12.092(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The medical advisory board shall assist the Department
  of Public Safety of the State of Texas in determining whether:
               (1)  an applicant for a driver's license or a license
  holder is capable of safely operating a motor vehicle; or
               (2)  an applicant for or holder of a license to carry a
  handgun under [the authority of] Subchapter H, Chapter 411,
  Government Code, or an applicant for or holder of a commission as a
  security officer under Chapter 1702, Occupations Code, is capable
  of exercising sound judgment with respect to the proper use and
  storage of a handgun.
         SECTION 17.  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 18.  Section 52.062(a), Labor Code, is amended to
  read as follows:
         (a)  Section 52.061 does not:
               (1)  authorize a person who holds a license to carry a
  handgun under Subchapter H, Chapter 411, Government Code, who
  otherwise lawfully possesses a firearm, or who lawfully possesses
  ammunition to possess a firearm or ammunition on any property where
  the possession of a firearm or ammunition is prohibited by state or
  federal law; or
               (2)  apply to:
                     (A)  a vehicle owned or leased by a public or
  private employer and used by an employee in the course and scope of
  the employee's employment, unless the employee is required to
  transport or store a firearm in the official discharge of the
  employee's duties;
                     (B)  a school district;
                     (C)  an open-enrollment charter school, as
  defined by Section 5.001, Education Code;
                     (D)  a private school, as defined by Section
  22.081, Education Code;
                     (E)  property owned or controlled by a person,
  other than the employer, that is subject to a valid, unexpired oil,
  gas, or other mineral lease that contains a provision prohibiting
  the possession of firearms on the property; or
                     (F)  property owned or leased by a chemical
  manufacturer or oil and gas refiner with an air authorization under
  Chapter 382, Health and Safety Code, and on which the primary
  business conducted is the manufacture, use, storage, or
  transportation of hazardous, combustible, or explosive materials,
  except in regard to an employee who holds a license to carry a
  handgun under Subchapter H, Chapter 411, Government Code, who
  otherwise lawfully possesses a firearm, or who lawfully possesses
  ammunition and who stores the [a] firearm or ammunition [the
  employee is authorized by law to possess] in a locked, privately
  owned motor vehicle in a parking lot, parking garage, or other
  parking area the employer provides for employees that is outside of
  a secured and restricted area:
                           (i)  that contains the physical plant;
                           (ii)  that is not open to the public; and
                           (iii)  the ingress into which is constantly
  monitored by security personnel.
         SECTION 19.  Section 191.010(a), Local Government Code, is
  amended to read as follows:
         (a)  In this section, "photo identification" means one of the
  following forms of photo identification:
               (1)  a driver's license, election identification
  certificate, or personal identification card issued to the person
  by any state or territory of the United States that has not expired
  or that expired no earlier than 60 days before the date of
  presentation;
               (2)  a United States military identification card that
  contains the person's photograph that has not expired or that
  expired no earlier than 60 days before the date of presentation;
               (3)  a United States citizenship certificate issued to
  the person that contains the person's photograph;
               (4)  a United States Permanent Resident Card that has
  not expired or that expired no earlier than 60 days before the date
  of presentation;
               (5)  an identification card issued by a municipality
  intended to serve as a general identification card for the holder
  that has not expired or that expired no earlier than 60 days before
  the date of presentation;
               (6)  a federally recognized tribal enrollment card or
  other form of tribal identification that has not expired or that
  expired no earlier than 60 days before the date of presentation;
               (7)  a United States passport or a passport issued by a
  foreign government recognized by the United States issued to the
  person that has not expired or that expired no earlier than 60 days
  before the date of presentation; or
               (8)  a license to carry a [concealed] handgun issued to
  the person by the Department of Public Safety that has not expired
  or that expired no earlier than 60 days before the date of
  presentation.
         SECTION 20.  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 carried
  by a person licensed under Subchapter H, Chapter 411, Government
  Code, or by 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 21.  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 22.  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 23.  Section 30.05(f), Penal Code, is amended to
  read as follows:
         (f)  It is a defense to prosecution under this section that:
               (1)  the 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)  the person was carrying only[:
                     [(A)     a license issued under Subchapter H, Chapter
  411, Government Code, to carry a handgun; and
                     [(B)]  a handgun that at the time of the offense
  the person was legally authorized to carry:
                     (A) [(i)]  in a concealed manner; or
                     (B) [(ii)]  in a shoulder or belt holster.
         SECTION 24.  The heading to Section 30.06, Penal Code, is
  amended to read as follows:
         Sec. 30.06.  TRESPASS BY PERSON [LICENSE HOLDER] WITH [A]
  CONCEALED HANDGUN.
         SECTION 25.  Sections 30.06(a), (c), (d), and (e), Penal
  Code, are amended to read as follows:
         (a)  A person [license holder] commits an offense if the
  person [license holder]:
               (1)  carries a concealed handgun [under the authority
  of Subchapter H, Chapter 411, Government Code,] on property of
  another without effective consent; and
               (2)  received notice that entry on the property by a
  person [license holder] with a concealed handgun was forbidden.
         (c)  In this section:
               (1)  "Entry" has the meaning assigned by Section
  30.05(b).
               (2)  ["License holder" has the meaning assigned by
  Section 46.035(f).
               [(3)]  "Written communication" means:
                     (A)  a card or other document on which is written
  language identical to the following:  "Pursuant to Section 30.06,
  Penal Code (trespass by person [license holder] with [a] concealed
  handgun), a person [licensed under Subchapter H, Chapter 411,
  Government Code (handgun licensing law),] may not enter this
  property with a concealed handgun"; or
                     (B)  a sign posted on the property that:
                           (i)  includes the language described by
  Paragraph (A) in both English and Spanish;
                           (ii)  appears in contrasting colors with
  block letters at least one inch in height; and
                           (iii)  is displayed in a conspicuous manner
  clearly visible to the public at each entrance to the property.
         (d)  An offense under this section is a Class C misdemeanor
  punishable by a fine not to exceed $200, except that the offense is
  a Class A misdemeanor if it is shown on the trial of the offense
  that, after entering the property, the person [license holder] was
  personally given the notice by oral communication described by
  Subsection (b) and subsequently failed to depart.
         (e)  It is an exception to the application of this section
  that the property on which the person [license holder] carries a
  handgun is owned or leased by a governmental entity and is not a
  premises or other place on which the person [license holder] is
  prohibited from carrying the handgun under Section 46.03 or 46.035
  or other law.
         SECTION 26.  The heading to Section 30.07, Penal Code, is
  amended to read as follows:
         Sec. 30.07.  TRESPASS BY PERSON [LICENSE HOLDER] WITH [AN]
  OPENLY CARRIED HANDGUN.
         SECTION 27.  Sections 30.07(a), (c), (d), and (e), Penal
  Code, are amended to read as follows:
         (a)  A person [license holder] commits an offense if the
  person [license holder]:
               (1)  openly carries a handgun [under the authority of
  Subchapter H, Chapter 411, Government Code,] on property of another
  without effective consent; and
               (2)  received notice that entry on the property by a
  person [license holder] openly carrying a handgun was forbidden.
         (c)  In this section:
               (1)  "Entry" has the meaning assigned by Section
  30.05(b).
               (2)  ["License holder" has the meaning assigned by
  Section 46.035(f).
               [(3)]  "Written communication" means:
                     (A)  a card or other document on which is written
  language identical to the following:  "Pursuant to Section 30.07,
  Penal Code (trespass by person [license holder] with [an] openly
  carried handgun), a person [licensed under Subchapter H, Chapter
  411, Government Code (handgun licensing law),] may not enter this
  property with a handgun that is carried openly"; or
                     (B)  a sign posted on the property that:
                           (i)  includes the language described by
  Paragraph (A) in both English and Spanish;
                           (ii)  appears in contrasting colors with
  block letters at least one inch in height; and
                           (iii)  is displayed in a conspicuous manner
  clearly visible to the public at each entrance to the property.
         (d)  An offense under this section is a Class C misdemeanor
  punishable by a fine not to exceed $200, except that the offense is
  a Class A misdemeanor if it is shown on the trial of the offense
  that, after entering the property, the person [license holder] was
  personally given the notice by oral communication described by
  Subsection (b) and subsequently failed to depart.
         (e)  It is an exception to the application of this section
  that the property on which the person [license holder] openly
  carries a [the] handgun is owned or leased by a governmental entity
  and is not a premises or other place on which the person [license
  holder] is prohibited from carrying the handgun under Section 46.03
  or 46.035 or other law.
         SECTION 28.  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 29.  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 30.  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, is reenacted and amended to
  read as follows:
         (f)  Except as provided by Subsection (a)(1)(B) or (e-1), it
  is not a defense to prosecution under this section that the actor
  possessed a handgun and was:
               (1)  licensed to carry a handgun under Subchapter H,
  Chapter 411, Government Code; or
               (2)  otherwise legally authorized to carry a handgun.
         SECTION 31.  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 32.  Section 46.035, Penal Code, is amended by
  amending Subsections (a), (b), (c), and (d) and adding Subsection
  (b-1) 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;
               (5)  in an amusement park; or
               (6)  on the premises of a church, synagogue, or other
  established place of religious worship.
         (b-1)  A person commits an offense if the person
  intentionally, knowingly, or recklessly carries a handgun,
  regardless of whether the handgun is concealed or carried in a
  shoulder or belt holster, on the premises of a business that has a
  permit or license issued under Subtitle A or B, Title 3, Alcoholic
  Beverage Code, other than a business described by Subsection
  (b)(1), unless the person is a license holder under Subchapter H,
  Chapter 411, Government Code.
         (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.
         SECTION 33.  Section 46.15(b), Penal Code, is amended to
  read as follows:
         (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, or a person who meets the
  requirements under Sections 411.172(a)(1)-(13), Government Code
  [to carry a handgun]; and
                     (B)  carrying 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
               (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 34.  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 35.  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 36.  To the extent of any conflict, this Act prevails
  over another Act of the 85th Legislature, Regular Session, 2017,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 37.  This Act takes effect September 1, 2017.