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STEVE ERMIS OPEN CARRY ACT

mentalaikido
Apr 7th, 2014
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  1. Page -1 -
  2. A BILL TO BE ENTITLED
  3. STEVE ERMIS OPEN CARRY ACT
  4. AN ACT
  5. relating to the authority of a person to openly carry the handgun.
  6. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 42.01 DISORDERLY CONDUCT. (g) It is a defense to prosecution under Subsection (a)(8) that the actor was merely carrying the firearm openly in accordance with Texas law and absent any other indicators of criminal activity.
  7. SECTION 1. Section 46.02 (a) Penal Code is amended to read as follows:
  8. (a) A person commits an offense if he intentionally, knowingly, or recklessly carries on or about his person [a concealed handgun], illegal knife, or club.
  9. SECTION 2. Sections 46.035(a), (b) and (h), Penal Code, are repealed.
  10. SECTION 3. Section 11.041(a), Alcoholic Beverage Code, is repealed. amended to read as follows:
  11. (a) Each holder of a permit who is not otherwise required to display a sign under Section 411.204, Government Code, shall display in a prominent place on the permit holder's premises a sign giving notice that it is unlawful for a person to carry a weapon on the premises unless the weapon is a concealed handgun of the same category the person is licensed to carry under Subchapter H, Chapter 411, Government Code.
  12. SECTION 3. Section 11.61(e), Alcoholic Beverage Code, is repealed amended to read as follows:
  13. (e) Except as provided by Subsection (f) or (i), the commission or administrator shall cancel an original or renewal
  14. Page -2 -
  15. permit if it is found, after notice and hearing, that the permittee knowingly allowed a person to possess a firearm in a building on the licensed premises. This subsection does not apply to a person:
  16. [(1) who holds a security officer commission issued under Chapter 1702, Occupations Code, if:
  17. (A) the person is engaged in the performance of the person's duties as a security officer;
  18. (B) the person is wearing a distinctive uniform; and
  19. (C) the weapon is in plain view;]
  20. ([2]1) who is a peace officer;
  21. ([3]2) who is a permittee or an employee of a permittee if the person is supervising the operation of the premises; or
  22. ([4]3) who possesses a concealed handgun of the same category the person is licensed to carry under Subchapter H, Chapter 411, Government Code, unless the person is on the premises of a business described by Section 46.035(b)(1), Penal Code.
  23. SECTION 4. Section 61.11(a), Alcoholic Beverage Code, is repealed. amended to read as follows:
  24. (a) Each holder of a permit who is not otherwise required to display a sign under Section 411.204, Government Code, shall display in a prominent place on the permit holder's premises a sign giving notice that it is unlawful for a person to carry a weapon on the premises unless the weapon is a concealed handgun of the same category the person is licensed to carry under Subchapter H, Chapter 411, Government Code.
  25. SECTION 5. Section 61.71(f), Alcoholic Beverage Code, is repealed. amended to read as follows:
  26. (f) Except as provided by Subsection (g) or (j), the commission or administrator shall cancel an original or renewal
  27. Page -3 -
  28. dealer's on-premises or off-premises license if it is found, after notice and hearing, that the licensee knowingly allowed a person to possess a firearm in a building on the licensed premises. This subsection does not apply to a person:
  29. [(1) who holds a security officer commission issued under Chapter 1702, Occupations Code, if:
  30. (A) the person is engaged in the performance of the person's duties as a security officer;
  31. (B) the person is wearing a distinctive uniform; and
  32. (C) the weapon is in plain view;]
  33. (2) who is a peace officer;
  34. (3) who is a permittee or an employee of a permittee if the person is supervising the operation of the premises; or
  35. (4) who possesses a concealed handgun of the same category the person is licensed to carry under Subchapter H, Chapter 411, Government Code, unless the person is on the premises of a business described by Section 46.035(b)(1), Penal Code.
  36. SECTION 6. Section 229.001(a), Local Government Code, is amended to read as follows: (a) A municipality or agency may not adopt regulations relating to the transfer, private ownership, keeping, transportation, licensing, wearing, carrying, or registration of firearms, ammunition, or firearm supplies.
  37. SECTION 7. Sections 62.082(d) and (e), Parks and Wildlife Code, are amended to read as follows:
  38. (d) Section 62.081 does not apply to:
  39. (1) an employee of the Lower Colorado River Authority;
  40. (2) a person authorized to hunt under Subsection (c);
  41. (3) a peace officer as defined by Article 2.12, Code of
  42. Page -4 -
  43. Criminal Procedure; or
  44. (4) a person who:
  45. (A) possesses a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as a handgun the person is carrying; or
  46. (B) under circumstances in which the person would be justified in the use of deadly force under Chapter 9, Penal Code, shoots a handgun of the same category as a handgun the person is licensed to carry under Subchapter H, Chapter 411, Government Code.
  47. (e) A state agency, including the department, the Department of Public Safety, and the Lower Colorado River Authority, may not adopt a rule that prohibits a person who possesses a license issued under Subchapter H, Chapter 411, Government Code, from entering or crossing the land of the Lower Colorado River Authority while:
  48. (1) possessing a concealed handgun of the same category as a handgun the person is licensed to carry; or
  49. (2) under circumstances in which the person would be justified in the use of deadly force under Chapter 9, Penal Code, shooting a handgun of the same category as a handgun the person is licensed to carry lawfully carrying.
  50. SECTION 13. Sections 46.15(b)(6), Penal Code, is repealed.
  51. SECTION 14. The change in law made by this Act relating to the authority of a person to openly carry a handgun applies to the carrying of a handgun on or after the effective date of this Act by any person who is legally authorized to own, posses, or transport a handgun under Federal and Texas laws.
  52. Page -5 -
  53. SECTION 15. The changes in law made by this Act to Sections 30.05, 30.06, 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 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.
  54. SECTION 16. This Act takes effect immediately.
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