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  By: Guillen, Flynn, Pena H.B. No. 25
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the carrying of certain weapons in a watercraft.
         
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
         SECTION 1.  Section 46.02, Penal Code, is amended by
 
  amending Subsections (a) and (a-1) and adding Subsection (a-3) to
 
  read as follows:
         
         (a)  A person commits an offense if the person intentionally,
 
  knowingly, or recklessly carries on or about his or her person a
 
  handgun, illegal knife, or club if the person is not:
               
               (1)  on the person's own premises or premises under the
 
  person's control; or
               
               (2)  inside of or directly en route to a motor vehicle
 
  or watercraft that is owned by the person or under the person's
 
  control.
         
         (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; 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.
         
         (a-3)  For purposes of this section, "watercraft" means any
 
  boat, motorboat, vessel, or personal watercraft, other than a
 
  seaplane on water, used or capable of being used for transportation
 
  on water.
         
         SECTION 2.  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 431.001, 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, [or] 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 concealed handgun and a valid
 
  license issued under Subchapter H, Chapter 411, Government Code, to
 
  carry a concealed handgun of the same category as the handgun the
 
  person is carrying;
               
               (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 3.  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
 
  covered 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 4.  This Act takes effect September 1, 2011.