83S10317 AJZ-F
	By: Campbell	S.B. No. 34

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain offenses involving the carrying of concealed
	handguns by license holders and to defenses and exceptions to the
	prosecution of those offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 46.03, Penal Code, is amended by
	amending Subsection (f) and adding Subsection (f-1) to read as
	follows:
	(f)  It is not a defense to prosecution under Subsection
	(a)(1), (3), (5), or (6) [this section] that the actor possessed a
	handgun and was licensed to carry a concealed handgun under
	Subchapter H, Chapter 411, Government Code.
	(f-1)  It is an exception to the application of Subsections
	(a)(2) and (4) that the actor possessed a handgun, and no other
	weapon to which this section applies, and was licensed to carry a
	concealed handgun under Subchapter H, Chapter 411, Government Code.
	SECTION 2.  Sections 46.035(b) and (c), Penal Code, are
	amended to read as follows:
	(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, 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; or
	(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, at any meeting of a
	governmental entity, unless the license holder has not received
	effective notice under Section 30.06.
	SECTION 3.  Section 46.035(h-1), Penal Code, as added by
	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
	Session, 2007, is amended to read as follows:
	(h-1)  It is a defense to prosecution under Subsections
	(b)(1), (b)(2) [(2), and (4)-(6)], and (c) that at the time of the
	commission of the offense, the actor was:
	(1)  a judge or justice of a federal court;
	(2)  an active judicial officer, as defined by Section
	411.201, Government Code; or
	(3)  a district attorney, assistant district attorney,
	criminal district attorney, assistant criminal district attorney,
	county attorney, or assistant county attorney.
	SECTION 4.  Subsection (h-1), Section 46.035, Penal Code, as
	added by Chapter 1214 (H.B. 1889), Acts of the 80th Legislature,
	Regular Session, 2007, is redesignated as Subsection (h-2), Section
	46.035, Penal Code, to read as follows:
	(h-2) [(h-1)]  It is a defense to prosecution under
	Subsections (b) and (c) that the actor, at the time of the
	commission of the offense, was:
	(1)  an active judicial officer, as defined by Section
	411.201, Government Code; or
	(2)  a bailiff designated by the active judicial
	officer and engaged in escorting the officer.
	SECTION 5.  Sections 46.035(f)(1) and (i), Penal Code, are
	repealed.
	SECTION 6.  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
	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 7.  This Act takes effect on the 91st day after the
	last day of the legislative session.