By Hupp H.B. No. 3398
76R3555 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to repealing the offense for the unlawful carrying of
1-3 weapons.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 46.02, Penal Code, is repealed.
1-6 SECTION 2. Section 46.15, Penal Code, as amended by Chapters
1-7 1221 and 1261, Acts of the 75th Legislature, Regular Session, 1997,
1-8 is amended to read as follows:
1-9 Sec. 46.15. NONAPPLICABILITY. Section [(a) Sections 46.02
1-10 and] 46.03 does [do] not apply to:
1-11 (1) a peace officer [officers and neither section
1-12 prohibits a peace officer from carrying a weapon in this state],
1-13 regardless of whether the officer is engaged in the actual
1-14 discharge of the officer's duties while carrying the weapon;
1-15 (2) a parole officer, [officers and neither section
1-16 prohibits an officer from carrying a weapon in this state] if the
1-17 officer is:
1-18 (A) engaged in the actual discharge of the
1-19 officer's duties while carrying the weapon; and
1-20 (B) in compliance with policies and procedures
1-21 adopted by the Texas Department of Criminal Justice regarding the
1-22 possession of a weapon by an officer while on duty;
1-23 (3) a community supervision and corrections department
1-24 officer [officers] appointed or employed under Section 76.004,
2-1 Government Code, [and neither section prohibits an officer from
2-2 carrying a weapon in this state] if the officer is:
2-3 (A) engaged in the actual discharge of the
2-4 officer's duties while carrying the weapon; and
2-5 (B) authorized to carry a weapon under Section
2-6 76.0051, Government Code; or
2-7 (4) a judge or justice of the supreme court, the court
2-8 of criminal appeals, a court of appeals, a district court, a
2-9 criminal district court, a constitutional county court, a statutory
2-10 county court, a justice court, or a municipal court who is licensed
2-11 to carry a concealed handgun under Subchapter H, Chapter 411,
2-12 Government Code [Article 4413(29ee), Revised Statutes].
2-13 [(b) Section 46.02 does not apply to a person who:]
2-14 [(1) is in the actual discharge of official duties as
2-15 a member of the armed forces or state military forces as defined by
2-16 Section 431.001, Government Code, or as an employee of a penal
2-17 institution who is performing a security function a guard employed
2-18 by a penal institution;]
2-19 [(2) is on the person's own premises or premises under
2-20 the person's control unless the person is an employee or agent of
2-21 the owner of the premises and the person's primary responsibility
2-22 is to act in the capacity of a security guard to protect persons or
2-23 property, in which event the person must comply with Subdivision
2-24 (5);]
2-25 [(3) is traveling;]
2-26 [(4) is engaging in lawful hunting, fishing, or other
2-27 sporting activity on the immediate premises where the activity is
3-1 conducted, or is directly en route between the premises and the
3-2 actor's residence, if the weapon is a type commonly used in the
3-3 activity;]
3-4 [(5) holds a security officer commission issued by the
3-5 Texas Board of Private Investigators and Private Security Agencies,
3-6 if:]
3-7 [(A) the person is engaged in the performance of
3-8 the person's duties as a security officer or traveling to and from
3-9 the person's place of assignment;]
3-10 [(B) the person is wearing a distinctive
3-11 uniform; and]
3-12 [(C) the weapon is in plain view;]
3-13 [(6) is carrying a concealed handgun and a valid
3-14 license issued under Article 4413(29ee), Revised Statutes, to carry
3-15 a concealed handgun of the same category as the handgun the person
3-16 is carrying;]
3-17 [(7) holds a security officer commission and a
3-18 personal protection authorization issued by the Texas Board of
3-19 Private Investigators and Private Security Agencies and who is
3-20 providing personal protection under the Private Investigators and
3-21 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
3-22 Civil Statutes); or]
3-23 [(8) holds an alcoholic beverage permit or license or
3-24 is an employee of a holder of an alcoholic beverage permit or
3-25 license if the person is supervising the operation of the permitted
3-26 or licensed premises.]
3-27 [(c) The provision of Section 46.02 prohibiting the carrying
4-1 of a club does not apply to a noncommissioned security guard at an
4-2 institution of higher education who carries a nightstick or similar
4-3 club, and who has undergone 15 hours of training in the proper use
4-4 of the club, including at least seven hours of training in the use
4-5 of the club for nonviolent restraint. For the purposes of this
4-6 subsection, "nonviolent restraint" means the use of reasonable
4-7 force, not intended and not likely to inflict bodily injury.]
4-8 [(d) The provisions of Section 46.02 prohibiting the
4-9 carrying of a firearm or carrying of a club do not apply to a
4-10 public security officer employed by the adjutant general under
4-11 Section 431.029, Government Code, in performance of official duties
4-12 or while traveling to or from a place of duty.]
4-13 SECTION 3. An offense under Section 46.02, Penal Code, may
4-14 not be prosecuted after the effective date of this Act. If on the
4-15 effective date of this Act a criminal action is pending for an
4-16 offense under Section 46.02, the action is dismissed on that date.
4-17 However, a final conviction for an offense under Section 46.02 that
4-18 exists on the effective date of this Act is unaffected by this Act.
4-19 SECTION 4. This Act takes effect September 1, 1999.
4-20 SECTION 5. The importance of this legislation and the
4-21 crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended.