INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section
11.041(a), Alcoholic Beverage Code, is amended.
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SECTION 1. Same as introduced
version.
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SECTION 2. Section 11.61(e),
Alcoholic Beverage Code, is amended.
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SECTION 2. Same as introduced
version.
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SECTION 3. Section 61.11(a),
Alcoholic Beverage Code, is amended.
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SECTION 3. Same as introduced
version.
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SECTION 4. Section 61.71(f),
Alcoholic Beverage Code, is amended.
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SECTION 4. Same as introduced
version.
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SECTION 5. Article 7A.05(c),
Code of Criminal Procedure, is amended.
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SECTION 5. Same as introduced
version.
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SECTION 6. Article
17.292(l), Code of Criminal Procedure, is amended.
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SECTION 6. Same as introduced
version.
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SECTION 7. Article 17.293,
Code of Criminal Procedure, is amended.
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SECTION 7. Same as introduced
version.
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SECTION 8. Sections
37.0811(d) and (f), Education Code, are amended to read as follows:
(d)
Any written regulations adopted for purposes of Subsection (c) must provide
that a school marshal may carry a [concealed] handgun as described
by Subsection (c), except that if the primary duty of the school marshal
involves regular, direct contact with students, the marshal may not carry a
[concealed] handgun but may possess a handgun on the physical
premises of a school in a locked and secured safe within the marshal's
immediate reach when conducting the marshal's primary duty. The written
regulations must also require that a handgun carried by or within access of
a school marshal may be loaded only with frangible ammunition designed to
disintegrate on impact for maximum safety and minimal danger to others.
(f) A school district or
charter school 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 district or charter school; or
(4) notice from the board of
trustees of the district or the governing body of the charter school that
the employee's services as school marshal are no longer required.
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SECTION 8. Section
37.0811(f), Education Code, is amended to read as follows:
(f) A school district or
charter school 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 district or charter school; or
(4) notice from the board of
trustees of the district or the governing body of the charter school that
the employee's services as school marshal are no longer required.
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SECTION 9. Section 63.0101,
Election Code, is amended.
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SECTION 9. Same as introduced
version.
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SECTION 10. Section
2.005(b), Family Code, is amended.
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SECTION 10. Same as
introduced version.
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SECTION 11. Section
58.003(m), Family Code, is amended.
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SECTION 11. Same as
introduced version.
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SECTION 12. Section
85.022(d), Family Code, is amended.
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SECTION 12. Same as
introduced version.
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SECTION 13. Section
85.042(e), Family Code, is amended.
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SECTION 13. Same as
introduced version.
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SECTION 14. The heading to
Section 411.047, Government Code, is amended.
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SECTION 14. Same as
introduced version.
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SECTION 15. Section
411.0625, Government Code, is amended.
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SECTION 15. Same as
introduced version.
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SECTION 16. The heading to
Subchapter H, Chapter 411, Government Code, is amended.
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SECTION 16. Same as introduced
version.
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SECTION 17. Sections
411.172(a), (b-1), (g), and (h), Government Code, are amended.
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SECTION 17. Same as
introduced version.
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SECTION 18. Section
411.173(b), Government Code, is amended.
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SECTION 18. Same as
introduced version.
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SECTION 19. Section
411.174(a), Government Code, is amended.
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SECTION 19. Same as
introduced version.
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SECTION 20. Section
411.177(a), Government Code, is amended.
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SECTION 20. Same as
introduced version.
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SECTION 21. Section
411.185(c), Government Code, is amended.
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SECTION 21. Same as
introduced version.
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SECTION 22. Section
411.188(g), Government Code, is amended to read as follows:
(g) A person who wishes to
obtain a license to carry a [concealed] handgun must apply in person
to a qualified handgun instructor to take the appropriate course in handgun
proficiency and demonstrate handgun proficiency as required by the
department.
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SECTION 22. Sections
411.188(b) and (g), Government Code, are amended to read as follows:
(b)
Only qualified handgun instructors may administer the classroom instruction
part or the range instruction part of the handgun proficiency course. The
classroom instruction part of the course must include not less than four
hours and not more than six hours of instruction on:
(1)
the laws that relate to weapons and to the use of deadly force;
(2)
handgun use and safety, including use of restraint holsters and methods
to ensure the secure carrying of openly carried handguns;
(3)
nonviolent dispute resolution; and
(4)
proper storage practices for handguns with an emphasis on storage practices
that eliminate the possibility of accidental injury to a child.
(g) A person who wishes to
obtain a license to carry a [concealed] handgun must apply in person
to a qualified handgun instructor to take the appropriate course in handgun
proficiency and demonstrate handgun proficiency as required by the
department.
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SECTION 23. Sections
411.190(c) and (f), Government Code, are amended to read as follows:
(c) In the manner applicable
to a person who applies for a license to carry a [concealed]
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 [concealed] 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.
(f) If the department
determines that a reason exists to revoke, suspend, or deny a license to
carry a [concealed] handgun with respect to a person who is a
qualified handgun instructor or an applicant for certification as a
qualified handgun instructor, the department shall take that action against
the person's:
(1) license to carry a [concealed]
handgun if the person is an applicant for or the holder of a license issued
under this subchapter; and
(2) certification as a
qualified handgun instructor.
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SECTION 23. Sections
411.190(b), (c), and (f), Government Code, are amended to read as follows:
(b)
In addition to the qualifications described by Subsection (a), a qualified
handgun instructor must be qualified to instruct persons in:
(1)
the laws that relate to weapons and to the use of deadly force;
(2)
handgun use, proficiency, and safety, including use of restraint
holsters and methods to ensure the secure carrying of openly carried
handguns;
(3)
nonviolent dispute resolution; and
(4)
proper storage practices for handguns, including storage practices that
eliminate the possibility of accidental injury to a child.
(c) In the manner applicable
to a person who applies for a license to carry a [concealed]
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 [concealed] 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.
(f) If the department
determines that a reason exists to revoke, suspend, or deny a license to
carry a [concealed] handgun with respect to a person who is a
qualified handgun instructor or an applicant for certification as a
qualified handgun instructor, the department shall take that action against
the person's:
(1) license to carry a [concealed]
handgun if the person is an applicant for or the holder of a license issued
under this subchapter; and
(2) certification as a
qualified handgun instructor.
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SECTION 24. Section
411.1901(c), Government Code, is amended.
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SECTION 24. Same as
introduced version.
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SECTION 25. Section
411.198(a), Government Code, is amended.
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SECTION 25. Same as
introduced version.
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SECTION 26. Sections
411.201(c), (d), (e), and (h), Government Code, are amended.
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SECTION 26. Same as
introduced version.
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SECTION 27. Section 411.203,
Government Code, is amended.
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SECTION 27. Same as
introduced version.
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SECTION 28. Section 411.2032(b),
Government Code, is amended.
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SECTION 28. Same as
introduced version.
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SECTION 29. Section
12.092(b), Health and Safety Code, is amended.
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SECTION 29. Same as
introduced version.
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SECTION 30. Sections 52.061
and 52.062, Labor Code, are amended.
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SECTION 30. Same as
introduced version.
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SECTION 31. (a) Section
118.011(b), Local Government Code, as effective until September 1, 2019, is
amended.
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SECTION 31. Same as
introduced version.
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SECTION 32. (a) Section
118.011(b), Local Government Code, as effective September 1, 2019, is
amended.
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SECTION 32. Same as
introduced version.
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SECTION 33. Section
118.0217(a), Local Government Code, is amended.
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SECTION 33. Same as
introduced version.
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SECTION 34. Section
229.001(b), Local Government Code, is amended.
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SECTION 34. Same as
introduced version.
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SECTION 35. The heading to
Section 1701.260, Occupations Code, is amended.
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SECTION 35. Same as
introduced version.
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SECTION 36. Sections
1701.260(a) and (i), Occupations Code, are amended.
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SECTION 36. Same as
introduced version.
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SECTION 37. Section
1702.206(b), Occupations Code, is amended.
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SECTION 37. Same as
introduced version.
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SECTION 38. Sections
62.082(d) and (e), Parks and Wildlife Code, are amended.
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SECTION 38. Same as
introduced version.
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SECTION 39. Section
284.001(e), Parks and Wildlife Code, is amended.
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SECTION 39. Same as
introduced version.
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SECTION 40. Section
30.05(f), Penal Code, is amended.
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SECTION 40. Same as
introduced version.
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SECTION 41. The heading to
Section 30.06, Penal Code, is amended.
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SECTION 41. Same as
introduced version.
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SECTION 42. Section
30.06(a), Penal Code, is amended.
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SECTION 42. Same as
introduced version.
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SECTION 43. Section
30.06(c)(3), Penal Code, is amended.
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SECTION 43. Same as introduced
version.
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SECTION 44. Chapter 30,
Penal Code, is amended.
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SECTION 44. Same as
introduced version.
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SECTION 45. Section
46.02(a-1), Penal Code, is amended.
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SECTION 45. Same as
introduced version.
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SECTION 46. Section
46.03(f), Penal Code, is amended.
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SECTION 46. Same as
introduced version.
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SECTION 47. Sections
46.035(a), (b), (c), (d), and (i), Penal Code, are amended to read as
follows:
(a) A license holder
commits an offense if the 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 license holder commits
an offense if the 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 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 home licensed under Chapter 242, Health and Safety
Code, unless the license holder has written authorization of the hospital
or nursing home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a
church, synagogue, or other established place of religious worship.
(c) A license holder commits
an offense if the 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, at any meeting of a governmental
entity.
(d) A license holder commits
an offense if, while intoxicated, the license holder 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.
(i) Subsections (b)(4),
(b)(5), (b)(6), and (c) do not apply if the actor was not given effective
notice under Section 30.06 or 30.07.
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SECTION 47. Section 46.035,
Penal Code, is amended by amending Subsections (a), (b), (c), (d), (g),
(h), (i), and (j) and adding Subsection (a-1) to read as follows:
(a) A license holder commits
an offense if the 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.
(a-1) Notwithstanding Subsection (a), a license holder commits an
offense if the license holder carries a partially or wholly visible
handgun, regardless of whether the handgun is holstered, 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:
(1) on the premises of an institution of higher education or
private or independent institution of higher education; or
(2) on any public or private driveway, street, sidewalk or
walkway, parking lot, parking garage, or other parking area of an
institution of higher education or private or independent institution of
higher education.
(b) A license holder commits
an offense if the 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 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 home licensed under Chapter 242, Health and Safety
Code, unless the license holder has written authorization of the hospital
or nursing home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a
church, synagogue, or other established place of religious worship.
(c) A license holder commits
an offense if the 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, at any meeting of a governmental
entity.
(d) A license holder commits
an offense if, while intoxicated, the license holder 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.
(g)
An offense under this section [Subsection (a), (b), (c), (d), or
(e)] is a Class A misdemeanor, unless the offense is committed under
Subsection (b)(1) or (b)(3), in which event the offense is a felony of the
third degree.
(h)
It is a defense to prosecution under Subsection (a) or (a-1) that
the actor, at the time of the commission of the offense, displayed the
handgun under circumstances in which the actor would have been justified in
the use of force or deadly force under Chapter 9.
(i) Subsections (b)(4),
(b)(5), (b)(6), and (c) do not apply if the actor was not given effective
notice under Section 30.06 or 30.07.
(j)
Subsections (a), (a-1), and (b)(1) do not apply to a historical
reenactment performed in compliance with the rules of the Texas Alcoholic
Beverage Commission.
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No
equivalent provision.
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SECTION 48. Section
46.035(f), Penal Code, is amended by adding Subdivision (1-a) to read as
follows:
(1-a) "Institution
of higher education" and "private or independent institution of
higher education" have the meanings assigned by Section 61.003,
Education Code.
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SECTION 48. Sections
46.15(a) and (b), Penal Code, are amended.
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SECTION 49. Same as
introduced version.
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SECTION 49. Section
411.171(3), Government Code, is repealed.
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SECTION 50. Same as
introduced version.
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SECTION 50. The change in
law made by this Act relating to the authority of a license holder to
openly carry a holstered handgun applies to the carrying of a handgun on or
after the effective date of this Act by any person who:
(1) holds a license issued
under Subchapter H, Chapter 411, Government Code, regardless of whether the
person's license was issued before, on, or after the effective date of this
Act; or
(2) applies for the issuance
of a license under that subchapter, regardless of whether the person
applied for the license before, on, or after the effective date of this
Act.
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SECTION 51. Same as introduced
version.
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SECTION 51. The changes in
law made by this Act to Sections 62.082 and 284.001, Parks and Wildlife
Code, and to Sections 30.05, 30.06, 46.02, 46.03, 46.035, and 46.15, Penal
Code, 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 on the date 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.
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SECTION 52. Same as
introduced version.
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SECTION 52. Except as
otherwise provided by this Act, this Act takes effect September 1, 2015.
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SECTION 53. Except as
otherwise provided by this Act, this Act takes effect January 1, 2016.
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