By: Springer, et al. S.B. No. 550     (Spiller)           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.  Sections 46.035(a), (b), (c), and (d), 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   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.