TX: 87R 2021 Session SB546 Expand places LTC can carry

[ELB]

SB 546 Relating to the places where a person may carry a handgun if the person is licensed to carry a handgun and to certain related criminal offenses.
by Springer.

It expands the places an LTC can carry. Just based on my first read of it, it appears that if this law passes AND his constitutional carry act also passes, an LTC holder will be able to legally carry more places, but a person carrying without a license will be restricted from entering the places that an LTC is forbidden under current law.

So some details:

30.06e will be changed to state that it is an exception to trespass by a license holder that an LTC holder is carrying on property owned or leased by the (state or local) government, period. It completely strikes out reference to the list of statutory no-goes contained in 46.03 (Places Weapons Prohibited) and 46.035 (Unlawful Carry by a License Holder). This paragraph and the change to it are referring ONLY to property owned or leased by the government.

46.03a is to be amended. This is the section that prohibits firearms, location restricted knives, and prohibited weapons on the grounds of schools, on any grounds or buildings where a school-sponsored activity is happening, on school transportation; on premises of polling places, courts, offices utilized by the courts, racetracks; in secured areas of airports, within 1000' of an execution, and whole big long list of other places.

This bill would change the "any grounds or building" to "the portion of any grounds or building" where a school activity is being held. It also would change "premises of a polling place to "the portion of the premises of a polling place where voting or other election-related activities are occurring".

It also strikes the reference to "amusement park" in the 46.03(c) where meanings of phrases are defined.

Violation of 46.035, Unlawful Carry by a License Holder, is currently a Class A misdemeanor, unless the violation is in a bar or correctional facility, in which case it is a felony of third degree. This bill would adjust the level of certain violations, but it's too tedious to repeat here.

Currently 46.035 restricts the display of a handgun on colleges and campuses in certain situations, but there is a defense to prosecution for that if "the actor would have been justified in the use of force or deadly force under Chapter 9." The bill would change this to "the use of force or threat of
force under Chapter 9."

Currently 46.15(a) contains a long list of officials, various types of cops carrying under "cop authority" and district attorneys/judges carrying under LTC authority, to whom 46.02 and 46.03 do not apply. This bill strikes a number of them from the protection of 46.15, all of them attorneys and judges (and bailiffs appointed by the court). It adds the protection of 46.15 to "a person who is carrying a handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry the handgun," which would apply to the DAs and the judges but also anyone else with a LTC. It also strikes the provision providing protection for an emergency services volunteer carrying under authority of LTC, but then of course that person would be covered by the language I just quoted.

Currently 46.15(b) says 46.02 does not apply to a personal protection officer in plain clothes carrying concealed or in a belt or shoulder holster who has a security officer commission, a personal protection authorization, and a LTC. If he doesn't have the LTC, he can't carry unless in uniform with handgun in plain view. The bill would strike the requirement for the plain clothes protection officer to have a LTC to carry a handgun.

Under current Government Code 411.179, LTC instructors can have their LTCs labeled with their status as an instructor, and there is also a whole laundry list of various types of state and federal attorneys and judges who can also have their "status" inscribed on the license. The bill would do away with all that except for the qualified handgun license instructors.

Currently GC 411.209 says a state agency or political subdivision cannot take any action that states or implies that a LTC holder may not carry on government owned or leased property, with the exception of the hospitals listed in Health Code 552.002. Those state hospitals are listed by name in 552.002. This bill strikes the provision in 411.209 that refers to 552.002 and strikes 552.002 in its entirety.

There are some changes to the Alcoholic Beverage Code with I am too tired to fiddle with at the moment but appears that maybe LTC carry in certain ABC-permitted locations is no longer forbidden?

The bill eliminates several paragraphs in various codes. The net effect, along with some changes I noted above, seems to eliminate the prohibition against licensed carry

- in 51% establishments,
- by employees who have LTCs
- at amateur and professional sporting events
- at correctional facilities
- at amusement parks
- at civil commitment facilities
- at hospitals in general
- at governmental meetings governed by the Open Meetings Act.

This was kind of a slog for me, and I may have some elements wrong, would love to hear if see something astray. But in summary it appears the act largely lifts the current restrictions against licensed carry, but leaves them in place for unlicensed/constitutional carry. Campus carry for LTC holders would still be governed by the current rules.

[ralewis]

Hope this has legs. The last several sessions we haven't had any progress on eliminating off limits places.