87(R) HB 1911 - House Committee Report version - Bill Text

	87R5387 JSC-F
	By:  White, Burrows, Canales, Schaefer,	H.B.  No.  1911
	Hefner, et al.

	A BILL TO BE ENTITLED
	AN ACT
	relating to provisions governing the carrying of a handgun by
	certain unlicensed persons and to other provisions related to the
	carrying, possessing, transporting, or storing of a firearm;
	providing criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    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
	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  2.    Sections 46.03(e-1), (e-2), and (f), 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;
	(2)    [that the actor] was licensed to carry a handgun
	under Subchapter H, Chapter 411, Government Code, or, if
	unlicensed, was not prohibited by state or federal law from
	carrying a handgun; and
	(3)  [(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 licensed to carry under Subchapter H, Chapter 411,
	Government Code, or, if unlicensed, is not prohibited by state or
	federal law from carrying, 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.
	(f)    Except as provided by Subsection (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)    if unlicensed, not prohibited by state or federal
	law from carrying a handgun.
	SECTION  3.    The heading to Section 46.035, Penal Code, is
	amended to read as follows:
	Sec.  46.035.    UNLAWFUL CARRYING OF HANDGUN [BY LICENSE
	HOLDER].
	SECTION  4.    Sections 46.035(a), (b), (c), (d), and (i),
	Penal Code, are amended to read as follows:
	(a)    A person [license holder] 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 [license holder] 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