|  | 
         
            |  | 
         
            |  | 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 weapon 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 | 
         
            |  | weapons locker where the peace officer can secure the person's | 
         
            |  | weapon.  The peace officer shall secure the weapon in the locker and | 
         
            |  | shall return the weapon 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.  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 5.  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 6.  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 7.  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 8.  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 9.  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 10.  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 11.  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 12.  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 | 
         
            |  | personally received notice by oral communication from the owner of | 
         
            |  | the property, or from another person with apparent authority to act | 
         
            |  | for the owner, that entry with a firearm or other weapon was | 
         
            |  | forbidden and 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 personally received notice by oral | 
         
            |  | communication from the owner of the property, or from another | 
         
            |  | person with apparent authority to act for the owner, that entry with | 
         
            |  | a firearm or other weapon was forbidden and promptly departed from | 
         
            |  | the property. | 
         
            |  | SECTION 13.  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 14.  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 15.  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 16.  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 17.  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 18.  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; or | 
         
            |  | (13)  in an amusement park. | 
         
            |  | (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)  A 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 19.  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 20.  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 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 notice by oral communication | 
         
            |  | from the owner of the property, or from another person with apparent | 
         
            |  | authority to act for the owner, that carrying a weapon on the | 
         
            |  | property was prohibited; and | 
         
            |  | (2)  subsequently failed to depart. | 
         
            |  | SECTION 21.  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 22.  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 23.  This Act takes effect September 1, 2021. |