By: Schaefer, et al.	H.B. No. 1927
	(Senate Sponsor - Schwertner)
	(In the Senate - Received from the House April 19, 2021;
	April 23, 2021, read first time and referred to Special Committee
	on Constitutional Issues; April 30, 2021, reported favorably by
	the following vote:  Yeas 5, Nays 2; April 30, 2021, sent to
	printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	relating to provisions governing the carrying of a firearm by a
	person who is 21 years of age or older and not otherwise prohibited
	by state or federal law from possessing the firearm and to other
	provisions related to the carrying, possessing, transporting, or
	storing of a firearm or other weapon; creating criminal offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act shall be known as the Firearm Carry Act
	of 2021.
	SECTION 2.  The Legislature of the State of Texas finds that:
	(1)  The Second Amendment of the United States
	Constitution protects an individual right to keep and bear arms,
	and to possess a firearm unconnected with service in a militia, and
	to use that firearm for traditionally lawful purposes, such as
	self-defense within the home;
	(2)  Section 23, Article I, of the Texas Constitution
	secures for Texas citizens the right to keep and bear arms;
	(3)  persons who are currently prohibited from
	possessing firearms under state and federal law will not gain the
	right to possess or carry a firearm under this legislation; and
	(4)  persons who are currently prohibited from
	possessing a firearm include: persons convicted of a felony as
	described by the provisions of Section 46.04, Penal Code, persons
	convicted of certain assault offenses under Section 22.01, Penal
	Code, punishable as a Class A misdemeanor and involving a member of
	the person's family or household, certain persons who are the
	subject of a protective order under Section 46.04(c), Penal Code,
	and persons meeting any of the criteria listed in 18 U.S.C. Section
	922(g), including persons adjudicated to be mentally incompetent.
	SECTION 3.  Article 14.03, Code of Criminal Procedure, is
	amended by adding Subsection (h) to read as follows:
	(h)(1)  A peace officer who is acting in the lawful discharge
	of the officer's official duties may disarm a person at any time the
	officer reasonably believes it is necessary for the protection of
	the person, officer, or another individual.  The peace officer
	shall return the handgun to the person before discharging the
	person from the scene if the officer determines that the person is
	not a threat to the officer, person, or another individual and if
	the person has not committed a violation that results in the arrest
	of the person.
	(2)  A peace officer who is acting in the lawful
	discharge of the officer's official duties may temporarily disarm a
	person when the person enters a nonpublic, secure portion of a law
	enforcement facility, if the law enforcement agency provides a gun
	locker where the peace officer can secure the person's handgun.  The
	peace officer shall secure the handgun in the locker and shall
	return the handgun to the person immediately after the person
	leaves the nonpublic, secure portion of the law enforcement
	facility.
	(3)  For purposes of this subsection, "law enforcement
	facility" and "nonpublic, secure portion of a law enforcement
	facility" have the meanings assigned by Section 411.207, Government
	Code.
	SECTION 4.  Article 55.01(a), Code of Criminal Procedure, is
	amended to read as follows:
	(a)  A person who has been placed under a custodial or
	noncustodial arrest for commission of either a felony or
	misdemeanor is entitled to have all records and files relating to
	the arrest expunged if:
	(1)  the person is tried for the offense for which the
	person was arrested and is:
	(A)  acquitted by the trial court, except as
	provided by Subsection (c); or
	(B)  convicted and subsequently:
	(i)  pardoned for a reason other than that
	described by Subparagraph (ii); [or]
	(ii)  pardoned or otherwise granted relief
	on the basis of actual innocence with respect to that offense, if
	the applicable pardon or court order clearly indicates on its face
	that the pardon or order was granted or rendered on the basis of the
	person's actual innocence; or
	(iii)  the statute prohibiting the conduct
	has been repealed and the offense of which the person was convicted
	is an offense related solely to the unlawful possession of a
	firearm; or
	(2)  the person has been released and the charge, if
	any, has not resulted in a final conviction and is no longer pending
	and there was no court-ordered community supervision under Chapter
	42A for the offense, unless the offense is a Class C misdemeanor,
	provided that:
	(A)  regardless of whether any statute of
	limitations exists for the offense and whether any limitations
	period for the offense has expired, an indictment or information
	charging the person with the commission of a misdemeanor offense
	based on the person's arrest or charging the person with the
	commission of any felony offense arising out of the same
	transaction for which the person was arrested:
	(i)  has not been presented against the
	person at any time following the arrest, and:
	(a)  at least 180 days have elapsed
	from the date of arrest if the arrest for which the expunction was
	sought was for an offense punishable as a Class C misdemeanor and if
	there was no felony charge arising out of the same transaction for
	which the person was arrested;
	(b)  at least one year has elapsed from
	the date of arrest if the arrest for which the expunction was sought
	was for an offense punishable as a Class B or A misdemeanor and if
	there was no felony charge arising out of the same transaction for
	which the person was arrested;
	(c)  at least three years have elapsed
	from the date of arrest if the arrest for which the expunction was
	sought was for an offense punishable as a felony or if there was a
	felony charge arising out of the same transaction for which the
	person was arrested; or
	(d)  the attorney representing the
	state certifies that the applicable arrest records and files are
	not needed for use in any criminal investigation or prosecution,
	including an investigation or prosecution of another person; or
	(ii)  if presented at any time following the
	arrest, was dismissed or quashed, and the court finds that the
	indictment or information was dismissed or quashed because:
	(a)  the person completed a veterans
	treatment court program created under Chapter 124, Government Code,
	or former law, subject to Subsection (a-3);
	(b)  the person completed a mental
	health court program created under Chapter 125, Government Code, or
	former law, subject to Subsection (a-4);
	(c)  the person completed a pretrial
	intervention program authorized under Section 76.011, Government
	Code, other than a veterans treatment court program created under
	Chapter 124, Government Code, or former law, or a mental health
	court program created under Chapter 125, Government Code, or former
	law;
	(d)  the presentment had been made
	because of mistake, false information, or other similar reason
	indicating absence of probable cause at the time of the dismissal to
	believe the person committed the offense; or
	(e)  the indictment or information was
	void; or
	(B)  prosecution of the person for the offense for
	which the person was arrested is no longer possible because the
	limitations period has expired.
	SECTION 5.  Section 37.0815(b), Education Code, is amended
	to read as follows:
	(b)  This section does not authorize a person to possess,
	transport, or store a handgun, a firearm, or ammunition in
	violation of Section 37.125 of this code, Section 46.03 [or
	46.035], Penal Code, or other law.
	SECTION 6.  Subchapter A, Chapter 411, Government Code, is
	amended by adding Section 411.02096 to read as follows:
	Sec. 411.02096.  REPORT REGARDING CERTAIN FIREARM
	STATISTICS. (a) Not later than January 31 of each year, the
	department shall collect information for the preceding calendar
	year related to the carrying of firearms by persons in this state,
	including:
	(1)  the number of persons who applied for a license to
	carry a handgun under Subchapter H compared to the yearly average
	number of people who applied for a license from 2010 through 2020;
	and
	(2)  any other relevant information related to the
	carrying of firearms by persons in this state.
	(b)  The department shall identify the entities that possess
	information required by Subsection (a) and require each entity to
	report the information to the department in the manner prescribed
	by the department.
	(c)  Not later than February 1 of each year, the department
	shall prepare and submit to the governor, the lieutenant governor,
	and each member of the legislature a report that includes the
	information described by Subsection (a).
	(d)  This section expires September 1, 2028.
	SECTION 7.  Sections 411.186(a), (c), and (d), Government
	Code, are amended to read as follows:
	(a)  The department shall revoke a license under this section
	if the license holder:
	(1)  was not entitled to the license at the time it was
	issued;
	(2)  made a material misrepresentation or failed to
	disclose a material fact in an application submitted under this
	subchapter;
	(3)  subsequently becomes ineligible for a license
	under Section 411.172, unless the sole basis for the ineligibility
	is that the license holder is charged with the commission of a Class
	A or Class B misdemeanor or equivalent offense, or of an offense
	under Section 42.01, Penal Code, or equivalent offense, or of a
	felony under an information or indictment;
	(4)  [is convicted of an offense under Section 46.035,
	Penal Code;
	[(5)]  is determined by the department to have engaged
	in conduct constituting a reason to suspend a license listed in
	Section 411.187(a) after the person's license has been previously
	suspended twice for the same reason; or
	(5) [(6)]  submits an application fee that is
	dishonored or reversed if the applicant fails to submit a cashier's
	check or money order made payable to the "Department of Public
	Safety of the State of Texas" in the amount of the dishonored or
	reversed fee, plus $25, within 30 days of being notified by the
	department that the fee was dishonored or reversed.
	(c)  A license holder whose license is revoked for a reason
	listed in Subsections (a)(1)-(4) [(a)(1)-(5)] may reapply as a new
	applicant for the issuance of a license under this subchapter after
	the second anniversary of the date of the revocation if the cause
	for revocation does not exist on the date of the second anniversary.
	If the cause for revocation exists on the date of the second
	anniversary after the date of revocation, the license holder may
	not apply for a new license until the cause for revocation no longer
	exists and has not existed for a period of two years.
	(d)  A license holder whose license is revoked under
	Subsection (a)(5) [(a)(6)] may reapply for an original or renewed
	license at any time, provided the application fee and a dishonored
	payment charge of $25 is paid by cashier's check or money order made
	payable to the "Texas Department of Public Safety."
	SECTION 8.  Section 411.203, Government Code, is amended to
	read as follows:
	Sec. 411.203.  RIGHTS OF EMPLOYERS. 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
	from carrying a handgun on the premises of the business. In this
	section, "premises" has the meaning assigned by Section 46.03
	[46.035(f)(3)], Penal Code.
	SECTION 9.  Section 411.2031(a)(3), Government Code, is
	amended to read as follows:
	(3)  "Premises" has the meaning assigned by Section
	46.03 [46.035], Penal Code.
	SECTION 10.  Subchapter H, Chapter 411, Government Code, is
	amended by adding Section 411.2049 to read as follows:
	Sec. 411.2049.  CERTAIN INVESTIGATORY STOPS AND INQUIRIES
	PROHIBITED. A peace officer may not make an investigatory stop or
	other temporary detention to inquire as to a person's possession of
	a handgun solely because the person is carrying a partially or
	wholly visible handgun in a holster.
	SECTION 11.  Sections 411.209(a) and (j), Government Code,
	are amended to read as follows:
	(a)  Except as provided by Subsection (i), a state agency or
	a political subdivision of the state may not take any action,
	including an action consisting of the provision of notice by a
	communication described by Section 30.06 or 30.07, Penal Code, that
	states or implies that a license holder who is 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 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.
	(j)  In this section, "premises" has the meaning assigned by
	Section 46.03 [46.035], Penal Code.
	SECTION 12.  Section 552.002(a)(1), Health and Safety Code,
	is amended to read as follows:
	(1)  "License holder" has the meaning assigned by
	Section 46.03 [46.035(f)], Penal Code.
	SECTION 13.  Section 773.0145(a), Health and Safety Code, is
	amended to read as follows:
	(a)  This section applies to:
	(1)  an amusement park, as defined by Section 46.03
	[46.035], Penal Code;
	(2)  a child-care facility, as defined by Section
	42.002, Human Resources Code;
	(3)  a day camp or youth camp, as defined by Section
	141.002;
	(4)  a private or independent institution of higher
	education, as defined by Section 61.003, Education Code;
	(5)  a restaurant, as defined by Section 17.821,
	Business & Commerce Code;
	(6)  a sports venue, as defined by Section 504.151,
	Local Government Code;
	(7)  a youth center, as defined by Section 481.134; or
	(8)  subject to Subsection (b), any other entity that
	the executive commissioner by rule designates as an entity that
	would benefit from the possession and administration of epinephrine
	auto-injectors.
	SECTION 14.  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 not otherwise prohibited by law from carrying a handgun
	[licensed to carry the handgun under Subchapter H, Chapter 411,
	Government Code].
	SECTION 15.  Section 52.062(b), Labor Code, is amended to
	read as follows:
	(b)  Section 52.061 does not prohibit an employer from
	prohibiting an employee who holds a license to carry a handgun under
	Subchapter H, Chapter 411, Government Code, or who otherwise
	lawfully possesses a firearm, from possessing a firearm the
	employee is otherwise authorized by law to possess on the premises
	of the employer's business. In this subsection, "premises" has the
	meaning assigned by Section 46.03 [46.035(f)(3)], Penal Code.
	SECTION 16.  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)  except as provided by Subsection (b-1), adopt or
	enforce a generally applicable zoning ordinance, land use
	regulation, fire code, or business ordinance;
	(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 an air gun or [a] firearm,
	[or air gun by a person] other than a [person licensed to carry a]
	handgun carried by a person not otherwise prohibited by law from
	carrying a handgun [under Subchapter H, Chapter 411, Government
	Code], 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 carrying of a firearm by a person
	licensed to carry a handgun under Subchapter H, Chapter 411,
	Government Code,] in accordance with Section 411.209, Government
	Code, regulate the carrying of a firearm by any person;
	(8)  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;
	(9)  regulate the carrying of an air gun by a minor on:
	(A)  public property; or
	(B)  private property without consent of the
	property owner; or
	(10)  except as provided by Subsection (d-1), regulate
	or prohibit an employee's carrying or possession of a firearm,
	firearm accessory, or ammunition in the course of the employee's
	official duties.
	SECTION 17.  Section 30.05, Penal Code, is amended by
	amending Subsections (d) and (f) and adding Subsections (d-3) and
	(f-4) to read as follows:
	(d)  Subject to Subsection (d-3), an [An] offense under this
	section is:
	(1)  a Class B misdemeanor, except as provided by
	Subdivisions (2) and (3);
	(2)  a Class C misdemeanor, except as provided by
	Subdivision (3), if the offense is committed:
	(A)  on agricultural land and within 100 feet of
	the boundary of the land; or
	(B)  on residential land and within 100 feet of a
	protected freshwater area; and
	(3)  a Class A misdemeanor if:
	(A)  the offense is committed:
	(i)  in a habitation or a shelter center;
	(ii)  on a Superfund site; or
	(iii)  on or in a critical infrastructure
	facility;
	(B)  the offense is committed on or in property of
	an institution of higher education and it is shown on the trial of
	the offense that the person has previously been convicted of:
	(i)  an offense under this section relating
	to entering or remaining on or in property of an institution of
	higher education; or
	(ii)  an offense under Section 51.204(b)(1),
	Education Code, relating to trespassing on the grounds of an
	institution of higher education; or
	(C)  the person carries a deadly weapon during the
	commission of the offense.
	(d-3)  An offense under this section is a Class C misdemeanor
	punishable by a fine not to exceed $200 if the person enters the
	property, land, or building with a firearm or other weapon and the
	sole basis on which entry on the property or land or in the building
	was forbidden is that entry with a firearm or other weapon was
	forbidden, except that the offense is a Class A misdemeanor if it is
	shown on the trial of the offense that, after entering the property,
	land, or building with the firearm or other weapon, the actor:
	(1)  personally received from the owner of the property
	or another person with apparent authority to act for the owner
	notice that entry with a firearm or other weapon was forbidden, as
	given through:
	(A)  notice under Subsection (b)(2)(A), including
	oral or written communication; or
	(B)  if the actor is unable to reasonably
	understand the notice described by Paragraph (A), other personal
	notice that is reasonable under the circumstances; and
	(2)  subsequently failed to depart.
	(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 handgun was
	forbidden; and
	(2)  the person was carrying:
	(A)  a license issued under Subchapter H, Chapter
	411, Government Code, to carry a handgun; and
	(B)  a handgun:
	(i)  in a concealed manner; or
	(ii)  in a [shoulder or belt] holster.
	(f-4)  It is a defense to prosecution under this section
	that:
	(1)  the sole basis on which entry on the property or
	land or in the building was forbidden is that entry with a firearm
	or other weapon was forbidden; and
	(2)  the actor:
	(A)  personally received from the owner of the
	property or another person with apparent authority to act for the
	owner notice that entry with a firearm or other weapon was
	forbidden, as given through:
	(i)  notice under Subsection (b)(2)(A),
	including oral or written communication; or
	(ii)  if the actor is unable to reasonably
	understand the notice described by Subparagraph (i), other personal
	notice that is reasonable under the circumstances; and
	(B)  promptly departed from the property.
	SECTION 18.  Section 30.06(c)(2), Penal Code, is amended to
	read as follows:
	(2)  "License holder" has the meaning assigned by
	Section 46.03 [46.035(f)].
	SECTION 19.  Section 30.06(e), Penal Code, is amended to
	read as follows:
	(e)  It is an exception to the application of this section
	that the property on which the license holder carries a handgun is
	owned or leased by a governmental entity and is not a premises or
	other place on which the license holder is prohibited from carrying
	the handgun under Section 46.03 [or 46.035].
	SECTION 20.  Section 30.07(c)(2), Penal Code, is amended to
	read as follows:
	(2)  "License holder" has the meaning assigned by
	Section 46.03 [46.035(f)].
	SECTION 21.  Sections 30.07(e) and (f), Penal Code, are
	amended to read as follows:
	(e)  It is an exception to the application of this section
	that the property on which the license holder openly carries the
	handgun is owned or leased by a governmental entity and is not a
	premises or other place on which the license holder is prohibited
	from carrying the handgun under Section 46.03 [or 46.035].
	(f)  It is not a defense to prosecution under this section
	that the handgun was carried in a [shoulder or belt] holster.
	SECTION 22.  Section 46.02, Penal Code, is amended by
	amending Subsections (a), (a-1), and (b) and adding Subsection
	(a-5) to read as follows:
	(a)  A person commits an offense if the person:
	(1)  intentionally, knowingly, or recklessly carries
	on or about his or her person a handgun; [and]
	(2)  is younger than 21 years of age at the time of the
	offense; and
	(3)  is not:
	(A)  on the person's own premises or premises
	under the person's control; or
	(B)  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 younger than 21 years of age 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; or
	(B)  prohibited by law from possessing a firearm[;
	or
	[(C)  a member of a criminal street gang, as
	defined by Section 71.01].
	(a-5)  A person commits an offense if the person carries a
	handgun 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 holster.
	(b)  Except as provided by Subsection [(c) or] (d), an
	offense under this section is a Class A misdemeanor.
	SECTION 23.  Section 46.03, Penal Code, is amended by
	amending Subsections (a), (c), (e-1), (e-2), and (g) and adding
	Subsections (a-2), (a-3), (a-4), and (g-2) to read as follows:
	(a)  A person commits an offense if the person intentionally,
	knowingly, or recklessly possesses or goes with a firearm,
	location-restricted knife, club, or prohibited weapon listed in
	Section 46.05(a):
	(1)  on the physical premises of a school or
	educational institution, any grounds or building on which an
	activity sponsored by a school or educational institution is being
	conducted, or a passenger transportation vehicle of a school or
	educational institution, whether the school or educational
	institution is public or private, unless:
	(A)  pursuant to written regulations or written
	authorization of the institution; or
	(B)  the person possesses or goes with a concealed
	handgun that the person is licensed to carry under Subchapter H,
	Chapter 411, Government Code, and no other weapon to which this
	section applies, on the premises of an institution of higher
	education or private or independent institution of higher
	education, on any grounds or building on which an activity
	sponsored by the institution is being conducted, or in a passenger
	transportation vehicle of the institution;
	(2)  on the premises of a polling place on the day of an
	election or while early voting is in progress;
	(3)  on the premises of any government court or offices
	utilized by the court, unless pursuant to written regulations or
	written authorization of the court;
	(4)  on the premises of a racetrack;
	(5)  in or into a secured area of an airport; [or]
	(6)  within 1,000 feet of premises the location of
	which is designated by the Texas Department of Criminal Justice as a
	place of execution under Article 43.19, Code of Criminal Procedure,
	on a day that a sentence of death is set to be imposed on the
	designated premises and the person received notice that:
	(A)  going within 1,000 feet of the premises with
	a weapon listed under this subsection was prohibited; or
	(B)  possessing a weapon listed under this
	subsection within 1,000 feet of the premises was prohibited;
	(7)  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;
	(8)  on the premises where a high school, collegiate,
	or professional sporting event or interscholastic event is taking
	place, unless the person is a participant in the event and a
	firearm, location-restricted knife, club, or prohibited weapon
	listed in Section 46.05(a) is used in the event;
	(9)  on the premises of a correctional facility;
	(10)  on the premises of a civil commitment facility;
	(11)  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 has written authorization of the hospital or nursing
	facility administration, as appropriate;
	(12)  on the premises of a mental hospital, as defined
	by Section 571.003, Health and Safety Code, unless the person has
	written authorization of the mental hospital administration;
	(13)  in an amusement park; or
	(14)  in the room or rooms where a meeting of a
	governmental entity is held, if the meeting is an open meeting
	subject to Chapter 551, Government Code, and if the entity provided
	notice as required by that chapter.
	(a-2)  Notwithstanding Section 46.02(a-5), 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 or knowingly 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.
	(a-3)  Notwithstanding Subsection (a) or Section 46.02(a-5),
	a license holder commits an offense if the license holder carries a
	handgun on the campus of a private or independent institution of
	higher education in this state that has established rules,
	regulations, or other provisions prohibiting license holders from
	carrying handguns pursuant to Section 411.2031(e), Government
	Code, or on the grounds or building on which an activity sponsored
	by such an institution is being conducted, or in a passenger
	transportation vehicle of such an institution, regardless of
	whether the handgun is concealed, provided the institution gives
	effective notice under Section 30.06.
	(a-4)  Notwithstanding Subsection (a) or Section 46.02(a-5),
	a license holder commits an offense if the license holder
	intentionally carries a concealed handgun on a portion of a
	premises located on the campus of an institution of higher
	education in this state on which the carrying of a concealed handgun
	is prohibited by rules, regulations, or other provisions
	established under Section 411.2031(d-1), Government Code, provided
	the institution gives effective notice under Section 30.06 with
	respect to that portion.
	(c)  In this section:
	(1)  "Amusement park" means a permanent indoor or
	outdoor facility or park where amusement rides are available for
	use by the public that is located in a county with a population of
	more than one million, encompasses at least 75 acres in surface
	area, is enclosed with access only through controlled entries, is
	open for operation more than 120 days in each calendar year, and has
	security guards on the premises at all times. The term does not
	include any public or private driveway, street, sidewalk or
	walkway, parking lot, parking garage, or other parking area.
	(2)  "Institution of higher education" and "private or
	independent institution of higher education" have the meanings
	assigned by Section 61.003, Education Code.
	(3)  "License holder" means a person licensed to carry
	a handgun under Subchapter H, Chapter 411, Government Code.
	(4)  "Premises" means a building or a portion of a
	building. The term does not include any public or private driveway,
	street, sidewalk or walkway, parking lot, parking garage, or other
	parking area.
	(5) [(2)  "Amusement park" and "premises" have the
	meanings assigned by Section 46.035.
	[(3)]  "Secured area" means an area of an airport
	terminal building to which access is controlled by the inspection
	of persons and property under federal law.
	(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 licensed to
	carry under Subchapter H, Chapter 411, Government Code; and
	(2)  exited the screening checkpoint for the secured
	area immediately 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, 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
	upon completion of the required screening processes.
	(g)  Except as provided by Subsections [Subsection] (g-1)
	and (g-2), an offense under this section is a felony of the third
	degree.
	(g-2)  An offense committed under Subsection (a)(8),
	(a)(10), (a)(11), (a)(13), (a-2), (a-3), or (a-4) is a Class A
	misdemeanor.
	SECTION 24.  Section 46.04, Penal Code, is amended by adding
	Subsection (a-1) and amending Subsection (e) to read as follows:
	(a-1)  A person who is a member of a criminal street gang, as
	defined by Section 71.01, 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.
	(e)  An offense under Subsection (a) is a felony of the third
	degree. An offense under Subsection (a-1), (b), or (c) is a Class A
	misdemeanor.
	SECTION 25.  Section 46.15, Penal Code, is amended by
	amending Subsections (b) and (l) and adding Subsection (m) to read
	as follows:
	(b)  Sections [Section] 46.02, 46.03(a)(14), and 46.04(a-1)
	do [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 issued under Subchapter H, Chapter
	411, Government Code, to carry a handgun; and
	(B)  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.
	(l)  Sections 46.02 and[,] 46.03(a)(1), (a)(2), (a)(3), and
	(a)(4)[, and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(5), and
	(b)(6)] do not apply to a person who carries a handgun if:
	(1)  the person carries the handgun on the premises, as
	defined by the statute providing the applicable offense, of a
	location operating as an emergency shelter during a state of
	disaster declared under Section 418.014, Government Code, or a
	local state of disaster declared under Section 418.108, Government
	Code;
	(2)  the owner, controller, or operator of the premises
	or a person acting with the apparent authority of the owner,
	controller, or operator, authorized the carrying of the handgun;
	(3)  the person carrying the handgun complies with any
	rules and regulations of the owner, controller, or operator of the
	premises that govern the carrying of a handgun on the premises; and
	(4)  the person is not prohibited by state or federal
	law from possessing a firearm.
	(m)  Section 46.03 does not apply to a person unless the
	person:
	(1)  personally received from the owner of the property
	or another person with apparent authority to act for the owner
	notice that carrying a weapon on the property was prohibited, as
	given through:
	(A)  oral or written communication; or
	(B)  if the person is unable to reasonably
	understand the communication described by Paragraph (A), other
	personal notice that is reasonable under the circumstances; and
	(2)  subsequently failed to depart.
	SECTION 26.  The following provisions are repealed:
	(1)  Section 11.041, Alcoholic Beverage Code;
	(2)  Section 11.61(e), Alcoholic Beverage Code;
	(3)  Section 61.11, Alcoholic Beverage Code;
	(4)  Section 61.71(f), Alcoholic Beverage Code;
	(5)  Section 411.198(b), Government Code;
	(6)  Section 411.204(d), Government Code;
	(7)  Section 411.206(c), Government Code;
	(8)  Section 46.02(c), Penal Code;
	(9)  Section 46.03(a-1), Penal Code; and
	(10)  Section 46.035, Penal Code.
	SECTION 27.  Notwithstanding Section 411.02096, Government
	Code, as added by this Act, the Department of Public Safety is not
	required to submit the initial report required by that section
	before February 1, 2023.
	SECTION 28.  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 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.
	SECTION 29.  This Act takes effect September 1, 2021.
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