By: Springer	S.B. No. 550

	A BILL TO BE ENTITLED
	AN ACT
	relating to the manner of carrying a handgun by a person who holds a
	license under Subchapter H, Chapter 411, Government Code.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 46.035(a), (b), (c), and (d) Penal Code,
	is 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
	facility licensed under Chapter 242, Health and Safety Code, unless
	the license holder has written authorization of the hospital or
	nursing facility administration, as appropriate;
	(5)  in an amusement park; or
	(6)  on the premises of a civil commitment facility.
	(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, in the room or rooms where a meeting of
	a governmental entity is held and if the meeting is an open meeting
	subject to Chapter 551, Government Code, and the entity provided
	notice as required by that chapter.
	(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.
	SECTION 2.  Section 30.05(f), Penal Code, is amended to read
	as follows:
	(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.
	SECTION 3.  Section 30.07(f), Penal Code, is amended to read
	as follows:
	(f)  It is not a defense to prosecution under this section
	that the handgun was carried in a [shoulder or belt] holster.
	SECTION 4.  Section 46.02(a-1), Penal Code, is amended to
	read as follows:
	(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, 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;
	(B)  prohibited by law from possessing a firearm;
	or
	(C)  a member of a criminal street gang, as
	defined by Section 71.01.
	SECTION 5.  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 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.
	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 September 1, 2021.