Texas Laws - Penal Code
PENAL CODE
TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS (5390)(1-click HTML)

CHAPTER 46. WEAPONS (5391)(1-click HTML)

Sec. 46.01. DEFINITIONS. (5392)(1-click HTML)

In this chapter: (5393)

(1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following: (5394)

(A) blackjack; (5395)

(B) nightstick; (5396)

(C) mace; (5397)

(D) tomahawk. (5398)

(2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon. (5399)

(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is: (5400)

(A) an antique or curio firearm manufactured before 1899; or (5401)

(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition. (5402)

(4) "Firearm silencer" means any device designed, made, or adapted to muffle the report of a firearm. (5403)

(5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. (5404)

(6) "Location-restricted knife" means a knife with a blade over five and one-half inches. (5405)

(7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument. (5406)

(8) "Knuckles" means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles. (5407)

(9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger. (5408)

(10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches. (5409)

(11) Repealed by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 15.002, eff. September 1, 2017. (5410)

(12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers. (5411)

(13) "Hoax bomb" means a device that: (5412)

(A) reasonably appears to be an explosive or incendiary device; or (5413)

(B) by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies. (5414)

(14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being. (5415)

Text of subdivision effective until April 01, 2019 (5416)

(15) "Racetrack" has the meaning assigned that term by the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes). (5417)

Text of subdivision effective on April 01, 2019 (5418)

(15) "Racetrack" has the meaning assigned that term by Section 2021.003(41), Occupations Code. (5419)

(16) "Zip gun" means a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance. (5420)

(17) "Tire deflation device" means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires. The term does not include a traffic control device that: (5421)

(A) is designed to puncture one or more of a vehicle's tires when driven over in a specific direction; and (5422)

(B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device. (5423)

(5424)

Text of subdivision as added by Acts 2017, 85th Leg., R.S., Ch. 814 (H.B. 913), Sec. 1 (5425)

(5426)

(18) "Improvised explosive device" means a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. The term does not include: (5427)

(A) unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or (5428)

(B) an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive. (5429)

(5430)

Text of subdivision as added by Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 10 (5431)

(5432)

(18) "Volunteer emergency services personnel" includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations. The term does not include a peace officer or reserve law enforcement officer, as those terms are defined by Section 1701.001, Occupations Code, who is performing law enforcement duties. (5433)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 917, ch. 342, Sec. 13, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, Sec. 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4830, ch. 852, Sec. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(46), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 749, Sec. 1, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 229, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1999, 76th Leg., ch. 1445, Sec. 1, eff. Sept. 1, 1999. (5434)

Amended by: (5435)

Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 12A.001, eff. September 1, 2007. (5436)

Acts 2009, 81st Leg., R.S., Ch. 1199 (H.B. 4456), Sec. 1, eff. September 1, 2009. (5437)

Acts 2011, 82nd Leg., R.S., Ch. 920 (S.B. 1416), Sec. 1, eff. September 1, 2011. (5438)

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 15.002, eff. September 1, 2017. (5439)

Acts 2017, 85th Leg., R.S., Ch. 814 (H.B. 913), Sec. 1, eff. September 1, 2017. (5440)

Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.07, eff. April 1, 2019. (5441)

Acts 2017, 85th Leg., R.S., Ch. 1049 (H.B. 1935), Sec. 3, eff. September 1, 2017. (5442)

Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 10, eff. September 1, 2017. (5443)

Sec. 46.02. UNLAWFUL CARRYING WEAPONS. (5444)(1-click HTML)

(a) A person commits an offense if the person: (5445)

(1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun or club; and (5446)

(2) is not: (5447)

(A) on the person's own premises or premises under the person's control; or (5448)

(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. (5449)

(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: (5450)

(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 (5451)

(2) the person is: (5452)

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; (5453)

(B) prohibited by law from possessing a firearm; or (5454)

(C) a member of a criminal street gang, as defined by Section 71.01. (5455)

(a-2) For purposes of this section, "premises" includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, "recreational vehicle" means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. (5456)

(a-3) For purposes of this section, "watercraft" means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water. (5457)

(a-4) A person commits an offense if the person: (5458)

(1) intentionally, knowingly, or recklessly carries on or about his or her person a location-restricted knife; (5459)

(2) is younger than 18 years of age at the time of the offense; and (5460)

(3) is not: (5461)

(A) on the person's own premises or premises under the person's control; (5462)

(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; or (5463)

(C) under the direct supervision of a parent or legal guardian of the person. (5464)

(b) Except as provided by Subsection (c) or (d), an offense under this section is a Class A misdemeanor. (5465)

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages. (5466)

(d) An offense under Subsection (a-4) is a Class C misdemeanor. (5467)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 109, ch. 49, Sec. 1, eff. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 14, eff. Sept. 1, 1975; Acts 1975, 64th Leg., p. 1330, ch. 494, Sec. 2, eff. June 19, 1975; Acts 1977, 65th Leg., p. 1879, ch. 746, Sec. 26, eff. Aug. 29, 1977; Acts 1981, 67th Leg., p. 2273, ch. 552, Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 5113, ch. 931, Sec. 1, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 262, Sec. 21, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 873, Sec. 25, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 168, Sec. 1, eff. Sept. 1, 1991. Redesignated from Penal Code Sec. 46.02, 46.03 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 2, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 754, Sec. 15, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 16, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 998, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.02, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 1, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 24, eff. Sept. 1, 1997. (5468)

Amended by: (5469)

Acts 2007, 80th Leg., R.S., Ch. 693 (H.B. 1815), Sec. 1, eff. September 1, 2007. (5470)

Acts 2011, 82nd Leg., R.S., Ch. 679 (H.B. 25), Sec. 1, eff. September 1, 2011. (5471)

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 45, eff. January 1, 2016. (5472)

Acts 2017, 85th Leg., R.S., Ch. 1049 (H.B. 1935), Sec. 4, eff. September 1, 2017. (5473)

Sec. 46.03. PLACES WEAPONS PROHIBITED. (5474)(1-click HTML)

(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): (5475)

(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: (5476)

(A) pursuant to written regulations or written authorization of the institution; or (5477)

(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; (5478)

(2) on the premises of a polling place on the day of an election or while early voting is in progress; (5479)

(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; (5480)

(4) on the premises of a racetrack; (5481)

(5) in or into a secured area of an airport; or (5482)

(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: (5483)

(A) going within 1,000 feet of the premises with a weapon listed under this subsection was prohibited; or (5484)

(B) possessing a weapon listed under this subsection within 1,000 feet of the premises was prohibited. (5485)

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a location-restricted knife: (5486)

(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; (5487)

(2) 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 location-restricted knife is used in the event; (5488)

(3) on the premises of a correctional facility; (5489)

(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 person has written authorization of the hospital or nursing facility administration, as appropriate; (5490)

(5) 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; (5491)

(6) in an amusement park; or (5492)

(7) on the premises of a church, synagogue, or other established place of religious worship. (5493)

(b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court. (5494)

(c) In this section: (5495)

(1) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code. (5496)

(2) "Amusement park" and "premises" have the meanings assigned by Section 46.035. (5497)

(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. (5498)

(d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as: (5499)

(1) a member of the armed forces or national guard; (5500)

(2) a guard employed by a penal institution; or (5501)

(3) a security officer commissioned by the Texas Private Security Board if: (5502)

(A) the actor is wearing a distinctive uniform; and (5503)

(B) the firearm or club is in plain view; or (5504)

(4) a security officer who holds a personal protection authorization under Chapter 1702, Occupations Code, provided that the officer is either: (5505)

(A) 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 firearm in plain view; or (5506)

(B) not wearing the uniform of a security officer and carrying the officer's firearm in a concealed manner. (5507)

(e) It is a defense to prosecution under Subsection (a)(5) that the actor checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area. (5508)

(e-1) It is a defense to prosecution under Subsection (a)(5) that the actor: (5509)

(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 (5510)

(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. (5511)

(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: (5512)

(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 (5513)

(2) the actor does not immediately exit the checkpoint upon completion of the required screening processes. (5514)

(f) Except as provided by Subsection (e-1), it is not a defense to prosecution under this section that the actor possessed a handgun and was licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. (5515)

(g) Except as provided by Subsection (g-1), an offense under this section is a felony of the third degree. (5516)

(g-1) If the weapon that is the subject of the offense is a location-restricted knife, an offense under this section is a Class C misdemeanor, except that the offense is a felony of the third degree if the offense is committed under Subsection (a)(1). (5517)

(h) It is a defense to prosecution under Subsection (a)(4) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as a security officer commissioned by the Texas Board of Private Investigators and Private Security Agencies, if: (5518)

(1) the actor is wearing a distinctive uniform; and (5519)

(2) the firearm or club is in plain view. (5520)

(i) It is an exception to the application of Subsection (a)(6) that the actor possessed a firearm or club: (5521)

(1) while in a vehicle being driven on a public road; or (5522)

(2) at the actor's residence or place of employment. (5523)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2962, ch. 508, Sec. 1, eff. Aug. 29, 1983; Acts 1989, 71st Leg., ch. 749, Sec. 2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 203, Sec. 2.79; Acts 1991, 72nd Leg., ch. 386, Sec. 71, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 433, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 554, Sec. 50, eff. Sept. 1, 1991. Renumbered from Penal Code Sec. 46.04 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 229, Sec. 3, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 260, Sec. 42, eff. May 30, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 17, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 790, Sec. 17, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 10.03, 31.01(70), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1221, Sec. 2, 3, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 25, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1060, Sec. 1, 2 eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1178, Sec. 3, eff. Sept. 1, 2003. (5524)

Amended by: (5525)

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.21, eff. September 1, 2009. (5526)

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 46, eff. January 1, 2016. (5527)

Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 3, eff. August 1, 2016. (5528)

Acts 2015, 84th Leg., R.S., Ch. 1001 (H.B. 554), Sec. 1, eff. September 1, 2015. (5529)

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 15.003, eff. September 1, 2017. (5530)

Acts 2017, 85th Leg., R.S., Ch. 1049 (H.B. 1935), Sec. 5, eff. September 1, 2017. (5531)

Acts 2017, 85th Leg., R.S., Ch. 1049 (H.B. 1935), Sec. 6, eff. September 1, 2017. (5532)

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. (5533)(1-click HTML)

(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. (5534)

(5535)

Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 47 (5536)

(5537)

(a-1) Notwithstanding Subsection (a), 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 displays the handgun in plain view of another person: (5538)

(1) on the premises of an institution of higher education or private or independent institution of higher education; or (5539)

(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. (5540)

(5541)

Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 4 (5542)

(5543)

(a-1) Notwithstanding Subsection (a), 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: (5544)

(1) on the premises of an institution of higher education or private or independent institution of higher education; or (5545)

(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. (5546)

(a-2) Notwithstanding Subsection (a) or Section 46.03(a), 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. (5547)

(a-3) Notwithstanding Subsection (a) or Section 46.03(a), 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. (5548)

(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: (5549)

(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; (5550)

(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; (5551)

(3) on the premises of a correctional facility; (5552)

(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; (5553)

(5) in an amusement park; (5554)

(6) on the premises of a church, synagogue, or other established place of religious worship; or (5555)

(7) on the premises of a civil commitment facility. (5556)

(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. (5557)

(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. (5558)

(e) A license holder who is licensed as a security officer under Chapter 1702, Occupations Code, and employed as a security officer commits an offense if, while in the course and scope of the security officer's employment, the security officer violates a provision of Subchapter H, Chapter 411, Government Code. (5559)

(f) In this section: (5560)

(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. (5561)

(1-a) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code. (5562)

(2) "License holder" means a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code. (5563)

(3) "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. (5564)

(g) An offense under this section is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree. (5565)

(h) It is a defense to prosecution under Subsection (a), (a-1), (a-2), or (a-3) that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9. (5566)

(5567)

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1214 (H.B. 1889), Sec. 2 (5568)

(5569)

(h-1) It is a defense to prosecution under Subsections (b) and (c) that the actor, at the time of the commission of the offense, was: (5570)

(1) an active judicial officer, as defined by Section 411.201, Government Code; or (5571)

(2) a bailiff designated by the active judicial officer and engaged in escorting the officer. (5572)

(5573)

Text of subsection as added by Acts 2007, 80th Leg., R.S., Ch. 1222 (H.B. 2300), Sec. 5, and amended by Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 11 (5574)

(5575)

(h-1) It is a defense to prosecution under Subsections (b)(1), (2), (4), (5), and (6) and (c) that at the time of the commission of the offense, the actor was: (5576)

(1) a judge or justice of a federal court; (5577)

(2) an active judicial officer, as defined by Section 411.201, Government Code; or (5578)

(3) the attorney general or a United States attorney, assistant United States attorney, assistant attorney general, district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney. (5579)

(i) Subsections (b)(4), (b)(5), (b)(6), and (c) do not apply if the actor was not given effective notice under Section 30.06 or 30.07. (5580)

(j) Subsections (a), (a-1), (a-2), (a-3), and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission. (5581)

(k) It is a defense to prosecution under Subsection (b)(1) that the actor was not given effective notice under Section 411.204, Government Code. (5582)

(l) Subsection (b)(2) does not apply on the premises where a collegiate sporting event is taking place if the actor was not given effective notice under Section 30.06. (5583)

(m) It is a defense to prosecution under Subsections (b) and (c) that the actor is volunteer emergency services personnel engaged in providing emergency services. (5584)

Added by Acts 1995, 74th Leg., ch. 229, Sec. 4, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 10.04, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 26, 27, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, Sec. 14.833, eff. Sept. 1, 2001. (5585)

Amended by: (5586)

Acts 2005, 79th Leg., Ch. 976 (H.B. 1813), Sec. 3, eff. September 1, 2005. (5587)

Acts 2007, 80th Leg., R.S., Ch. 1214 (H.B. 1889), Sec. 2, eff. June 15, 2007. (5588)

Acts 2007, 80th Leg., R.S., Ch. 1222 (H.B. 2300), Sec. 5, eff. June 15, 2007. (5589)

Acts 2009, 81st Leg., R.S., Ch. 687 (H.B. 2664), Sec. 1, eff. September 1, 2009. (5590)

Acts 2013, 83rd Leg., R.S., Ch. 72 (S.B. 299), Sec. 1, eff. September 1, 2013. (5591)

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 47, eff. January 1, 2016. (5592)

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 48, eff. January 1, 2016. (5593)

Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 4, eff. August 1, 2016. (5594)

Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11), Sec. 5, eff. August 1, 2016. (5595)

Acts 2015, 84th Leg., R.S., Ch. 593 (S.B. 273), Sec. 2, eff. September 1, 2015. (5596)

Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 32, eff. September 1, 2017. (5597)

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 15.004, eff. September 1, 2017. (5598)

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 15.005, eff. September 1, 2017. (5599)

Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 11, eff. September 1, 2017. (5600)

Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 12, eff. September 1, 2017. (5601)

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM. (5602)(1-click HTML)

(a) A person who has been convicted of a felony commits an offense if he possesses a firearm: (5603)

(1) after conviction and before the fifth anniversary of the person's release from confinement following conviction of the felony or the person's release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or (5604)

(2) after the period described by Subdivision (1), at any location other than the premises at which the person lives. (5605)

(b) A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person's family or household, commits an offense if the person possesses a firearm before the fifth anniversary of the later of: (5606)

(1) the date of the person's release from confinement following conviction of the misdemeanor; or (5607)

(2) the date of the person's release from community supervision following conviction of the misdemeanor. (5608)

(c) A person, other than a peace officer, as defined by Section 1.07, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision, who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Chapter 7A, Code of Criminal Procedure, or by another jurisdiction as provided by Chapter 88, Family Code, commits an offense if the person possesses a firearm after receiving notice of the order and before expiration of the order. (5609)

(d) In this section, "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code. (5610)

(e) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) or (c) is a Class A misdemeanor. (5611)

(f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense: (5612)

(1) is designated by a law of this state as a felony; (5613)

(2) contains all the elements of an offense designated by a law of this state as a felony; or (5614)

(3) is punishable by confinement for one year or more in a penitentiary. (5615)

(g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense: (5616)

(1) is not designated by a law of this state as a felony; and (5617)

(2) does not contain all the elements of any offense designated by a law of this state as a felony. (5618)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 46.05 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 2001, 77th Leg., ch. 23, Sec. 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 836, Sec. 4, eff. Sept. 1, 2003. (5619)

Amended by: (5620)

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 11.24, eff. September 1, 2009. (5621)

Sec. 46.041. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR BY FELON. (5622)(1-click HTML)

(a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire. (5623)

(b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. (5624)

(c) An offense under this section is a felony of the third degree. (5625)

Added by Acts 2001, 77th Leg., ch. 452, Sec. 1, eff. Sept. 1, 2001. (5626)

Sec. 46.05. PROHIBITED WEAPONS. (5627)(1-click HTML)

(5628)

(5629)

Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 155 (H.B. 1819), Sec. 1 (5630)

(5631)

(a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (5632)

(1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice: (5633)

(A) an explosive weapon; (5634)

(B) a machine gun; or (5635)

(C) a short-barrel firearm; (5636)

(2) knuckles; (5637)

(3) armor-piercing ammunition; (5638)

(4) a chemical dispensing device; (5639)

(5) a zip gun; (5640)

(6) a tire deflation device; or (5641)

(7) a firearm silencer, unless the firearm silencer is classified as a curio or relic by the United States Department of Justice or the actor otherwise possesses, manufactures, transports, repairs, or sells the firearm silencer in compliance with federal law. (5642)

(5643)

Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 814 (H.B. 913), Sec. 2 (5644)

(5645)

(a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (5646)

(1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or classified as a curio or relic by the United States Department of Justice: (5647)

(A) an explosive weapon; (5648)

(B) a machine gun; (5649)

(C) a short-barrel firearm; or (5650)

(D) a firearm silencer; (5651)

(2) knuckles; (5652)

(3) armor-piercing ammunition; (5653)

(4) a chemical dispensing device; (5654)

(5) a zip gun; (5655)

(6) a tire deflation device; or (5656)

(7) an improvised explosive device. (5657)

(b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility. (5658)

(c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 69 , Sec. 2, eff. September 1, 2015. (5659)

(d) It is an affirmative defense to prosecution under this section that the actor's conduct: (5660)

(1) was incidental to dealing with a short-barrel firearm or tire deflation device solely as an antique or curio; (5661)

(2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b); or (5662)

(3) was incidental to dealing with a tire deflation device solely for the purpose of making the device available to an organization, agency, or institution listed in Subsection (b). (5663)

(5664)

Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 155 (H.B. 1819), Sec. 1 (5665)

(5666)

(e) An offense under Subsection (a)(1), (3), (4), (5), or (7) is a felony of the third degree. An offense under Subsection (a)(6) is a state jail felony. An offense under Subsection (a)(2) is a Class A misdemeanor. (5667)

(5668)

Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 814 (H.B. 913), Sec. 2 (5669)

(5670)

(e) An offense under Subsection (a)(1), (3), (4), (5), or (7) is a felony of the third degree. An offense under Subsection (a)(6) is a state jail felony. An offense under Subsection (a)(2) is a Class A misdemeanor. (5671)

(f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is: (5672)

(1) provided by the Texas Commission on Law Enforcement; or (5673)

(2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. (5674)

(g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. (5675)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 15, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, Sec. 2, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 852, Sec. 2, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(47), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 229, Sec. 2, eff. Sept. 1, 1991; Renumbered from Penal Code Sec. 46.06 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1071, Sec. 1, eff. Sept. 1, 2003. (5676)

Amended by: (5677)

Acts 2005, 79th Leg., Ch. 1035 (H.B. 1132), Sec. 2.01, eff. September 1, 2005. (5678)

Acts 2005, 79th Leg., Ch. 1278 (H.B. 2303), Sec. 7, eff. September 1, 2005. (5679)

Acts 2011, 82nd Leg., R.S., Ch. 920 (S.B. 1416), Sec. 2, eff. September 1, 2011. (5680)

Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.60, eff. May 18, 2013. (5681)

Acts 2013, 83rd Leg., R.S., Ch. 960 (H.B. 1862), Sec. 1, eff. September 1, 2013. (5682)

Acts 2015, 84th Leg., R.S., Ch. 69 (S.B. 473), Sec. 1, eff. September 1, 2015. (5683)

Acts 2015, 84th Leg., R.S., Ch. 69 (S.B. 473), Sec. 2, eff. September 1, 2015. (5684)

Acts 2017, 85th Leg., R.S., Ch. 155 (H.B. 1819), Sec. 1, eff. September 1, 2017. (5685)

Acts 2017, 85th Leg., R.S., Ch. 814 (H.B. 913), Sec. 2, eff. September 1, 2017. (5686)

Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (5687)(1-click HTML)

(a) A person commits an offense if the person: (5688)

(1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act; (5689)

(2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years of age any firearm, club, or location-restricted knife; (5690)

(3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated; (5691)

(4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates: (5692)

(A) the person's release from confinement following conviction of the felony; or (5693)

(B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony; (5694)

(5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; or (5695)

(6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor. (5696)

(b) In this section: (5697)

(1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. (5698)

(2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. The term does not include a temporary protective order issued before the court holds a hearing on the matter. (5699)

(c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent. (5700)

(d) An offense under this section is a Class A misdemeanor, except that an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun. (5701)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1985, 69th Leg., ch. 686, Sec. 1, eff. Sept. 1, 1985. Renumbered from Penal Code Sec. 46.07 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 324, Sec. 1, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 1193, Sec. 22, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1304, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 15.02(f), eff. Sept. 1, 1999. (5702)

Amended by: (5703)

Acts 2017, 85th Leg., R.S., Ch. 1049 (H.B. 1935), Sec. 7, eff. September 1, 2017. (5704)

Sec. 46.07. INTERSTATE PURCHASE. (5705)(1-click HTML)

A resident of this state may, if not otherwise precluded by law, purchase firearms, ammunition, reloading components, or firearm accessories in another state. This authorization is enacted in conformance with 18 U.S.C. Section 922(b)(3)(A). (5706)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 46.08 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (5707)

Amended by: (5708)

Acts 2009, 81st Leg., R.S., Ch. 280 (S.B. 1188), Sec. 1, eff. May 30, 2009. (5709)

Sec. 46.08. HOAX BOMBS. (5710)(1-click HTML)

(a) A person commits an offense if the person knowingly manufactures, sells, purchases, transports, or possesses a hoax bomb with intent to use the hoax bomb to: (5711)

(1) make another believe that the hoax bomb is an explosive or incendiary device; or (5712)

(2) cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies. (5713)

(b) An offense under this section is a Class A misdemeanor. (5714)

Added by Acts 1983, 68th Leg., p. 4831, ch. 852, Sec. 3, eff. Sept. 1, 1983. Renumbered from Penal Code Sec. 46.09 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (5715)

Sec. 46.09. COMPONENTS OF EXPLOSIVES. (5716)(1-click HTML)

(a) A person commits an offense if the person knowingly possesses components of an explosive weapon with the intent to combine the components into an explosive weapon for use in a criminal endeavor. (5717)

(b) An offense under this section is a felony of the third degree. (5718)

Added by Acts 1983, 68th Leg., p. 4832, ch. 852, Sec. 4, eff. Sept. 1, 1983. Renumbered from Penal Code Sec. 46.10 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (5719)

Sec. 46.10. DEADLY WEAPON IN PENAL INSTITUTION. (5720)(1-click HTML)

(a) A person commits an offense if, while confined in a penal institution, he intentionally, knowingly, or recklessly: (5721)

(1) carries on or about his person a deadly weapon; or (5722)

(2) possesses or conceals a deadly weapon in the penal institution. (5723)

(b) It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an employee of the penal institution. (5724)

(c) A person who is subject to prosecution under both this section and another section under this chapter may be prosecuted under either section. (5725)

(d) An offense under this section is a felony of the third degree. (5726)

Added by Acts 1985, 69th Leg., ch. 46, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 714, Sec. 1, eff. Sept. 1, 1987. Renumbered from Penal Code Sec. 46.11 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (5727)

Sec. 46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE SCHOOL ZONE. (5728)(1-click HTML)

(a) Except as provided by Subsection (b), the punishment prescribed for an offense under this chapter is increased to the punishment prescribed for the next highest category of offense if it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense in a place that the actor knew was: (5729)

(1) within 300 feet of the premises of a school; or (5730)

(2) on premises where: (5731)

(A) an official school function is taking place; or (5732)

(B) an event sponsored or sanctioned by the University Interscholastic League is taking place. (5733)

(b) This section does not apply to an offense under Section 46.03(a)(1). (5734)

(c) In this section: (5735)

(1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code. (5736)

(2) "School" means a private or public elementary or secondary school. (5737)

Added by Acts 1995, 74th Leg., ch. 320, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1063, Sec. 10, eff. Sept. 1, 1997. (5738)

Amended by: (5739)

Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 20.002, eff. September 1, 2011. (5740)

Sec. 46.12. MAPS AS EVIDENCE OF LOCATION OR AREA. (5741)(1-click HTML)

(a) In a prosecution of an offense for which punishment is increased under Section 46.11, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of weapon-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those areas if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those areas. (5742)

(b) A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a). (5743)

(c) A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the area is located. (5744)

(d) This section does not prevent the prosecution from: (5745)

(1) introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 46.11; or (5746)

(2) using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence. (5747)

Added by Acts 1995, 74th Leg., ch. 320, Sec. 2, eff. Sept. 1, 1995. (5748)

Amended by: (5749)

Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 16.004, eff. September 1, 2005. (5750)

Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD. (5751)(1-click HTML)

(a) In this section: (5752)

(1) "Child" means a person younger than 17 years of age. (5753)

(2) "Readily dischargeable firearm" means a firearm that is loaded with ammunition, whether or not a round is in the chamber. (5754)

(3) "Secure" means to take steps that a reasonable person would take to prevent the access to a readily dischargeable firearm by a child, including but not limited to placing a firearm in a locked container or temporarily rendering the firearm inoperable by a trigger lock or other means. (5755)

(b) A person commits an offense if a child gains access to a readily dischargeable firearm and the person with criminal negligence: (5756)

(1) failed to secure the firearm; or (5757)

(2) left the firearm in a place to which the person knew or should have known the child would gain access. (5758)

(c) It is an affirmative defense to prosecution under this section that the child's access to the firearm: (5759)

(1) was supervised by a person older than 18 years of age and was for hunting, sporting, or other lawful purposes; (5760)

(2) consisted of lawful defense by the child of people or property; (5761)

(3) was gained by entering property in violation of this code; or (5762)

(4) occurred during a time when the actor was engaged in an agricultural enterprise. (5763)

(d) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. (5764)

(e) An offense under this section is a Class A misdemeanor if the child discharges the firearm and causes death or serious bodily injury to himself or another person. (5765)

(f) A peace officer or other person may not arrest the actor before the seventh day after the date on which the offense is committed if: (5766)

(1) the actor is a member of the family, as defined by Section 71.003, Family Code, of the child who discharged the firearm; and (5767)

(2) the child in discharging the firearm caused the death of or serious injury to the child. (5768)

(g) A dealer of firearms shall post in a conspicuous position on the premises where the dealer conducts business a sign that contains the following warning in block letters not less than one inch in height: (5769)

"IT IS UNLAWFUL TO STORE, TRANSPORT, OR ABANDON AN UNSECURED FIREARM IN A PLACE WHERE CHILDREN ARE LIKELY TO BE AND CAN OBTAIN ACCESS TO THE FIREARM." (5770)(1-click HTML)

Added by Acts 1995, 74th Leg., ch. 83, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 15.02(g), eff. Sept. 1, 1999. (5771)

Sec. 46.14. FIREARM SMUGGLING. (5772)(1-click HTML)

(a) A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct: (5773)

(1) on more than one occasion; or (5774)

(2) for profit or any other form of remuneration. (5775)

(b) An offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the offense was committed with respect to three or more firearms in a single criminal episode, in which event the offense is a felony of the second degree. (5776)

(c) This section does not apply to a peace officer who is engaged in the actual discharge of an official duty. (5777)

(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. (5778)

Added by Acts 2009, 81st Leg., R.S., Ch. 153 (S.B. 2225), Sec. 1, eff. September 1, 2009. (5779)

Sec. 46.15. NONAPPLICABILITY. (5780)(1-click HTML)

(5781)

(a) Sections 46.02 and 46.03 do not apply to: (5782)

(1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon; (5783)

(2) parole officers and neither section prohibits an officer from carrying a weapon in this state if the officer is: (5784)

(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and (5785)

(B) in compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty; (5786)

(3) community supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (5787)

(A) engaged in the actual discharge of the officer's duties while carrying the weapon; and (5788)

(B) authorized to carry a weapon under Section 76.0051, Government Code; (5789)

(4) an active judicial officer as defined by Section 411.201, Government Code, who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (5790)

(5) an honorably retired peace officer, qualified retired law enforcement officer, federal criminal investigator, or former reserve law enforcement officer who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that is issued by a federal, state, or local law enforcement agency, as applicable, and that verifies that the officer is: (5791)

(A) an honorably retired peace officer; (5792)

(B) a qualified retired law enforcement officer; (5793)

(C) a federal criminal investigator; or (5794)

(D) a former reserve law enforcement officer who has served in that capacity not less than a total of 15 years with one or more state or local law enforcement agencies; (5795)

(6) the attorney general or a United States attorney, district attorney, criminal district attorney, county attorney, or municipal attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (5796)

(7) an assistant United States attorney, assistant attorney general, assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; (5797)

(8) a bailiff designated by an active judicial officer as defined by Section 411.201, Government Code, who is: (5798)

(A) licensed to carry a handgun under Subchapter H, Chapter 411, Government Code; and (5799)

(B) engaged in escorting the judicial officer; (5800)

(9) a juvenile probation officer who is authorized to carry a firearm under Section 142.006, Human Resources Code; or (5801)

(10) a person who is volunteer emergency services personnel if the person is: (5802)

(A) carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code; and (5803)

(B) engaged in providing emergency services. (5804)

(b) Section 46.02 does not apply to a person who: (5805)

(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; (5806)

(2) is traveling; (5807)

(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; (5808)

(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; (5809)

(5) acts as a personal protection officer and carries the person's security officer commission and personal protection officer authorization, if the person: (5810)

(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 (5811)

(B) is either: (5812)

(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 (5813)

(ii) not wearing the uniform of a security officer and carrying the officer's weapon in a concealed manner; (5814)

(6) is carrying: (5815)

(A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and (5816)

(B) a handgun: (5817)

(i) in a concealed manner; or (5818)

(ii) in a shoulder or belt holster; (5819)

(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 (5820)

(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: (5821)

(A) on the immediate premises where the activity is conducted; or (5822)

(B) en route between those premises and the person's residence and is carrying the weapon unloaded. (5823)

(c) The provision of Section 46.02 prohibiting the carrying of a club does not apply to a noncommissioned security guard at an institution of higher education who carries a nightstick or similar club, and who has undergone 15 hours of training in the proper use of the club, including at least seven hours of training in the use of the club for nonviolent restraint. For the purposes of this subsection, "nonviolent restraint" means the use of reasonable force, not intended and not likely to inflict bodily injury. (5824)

(d) The provisions of Section 46.02 prohibiting the carrying of a firearm or carrying of a club do not apply to a public security officer employed by the adjutant general under Section 437.053, Government Code, in performance of official duties or while traveling to or from a place of duty. (5825)

(e) Section 46.02(a-4) does not apply to an individual carrying a location-restricted knife used in a historical demonstration or in a ceremony in which the knife is significant to the performance of the ceremony. (5826)

(f) Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as: (5827)

(1) a member of the armed forces or state military forces, as defined by Section 437.001, Government Code; or (5828)

(2) an employee of a penal institution. (5829)

(g) The provisions of Sections 46.02 and 46.03 prohibiting the possession or carrying of a club do not apply to an animal control officer who holds a certificate issued under Section 829.006, Health and Safety Code, and who possesses or carries an instrument used specifically for deterring the bite of an animal while the officer is in the performance of official duties under the Health and Safety Code or is traveling to or from a place of duty. (5830)

(h) Repealed by Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 3(1), eff. September 1, 2007. (5831)

(i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 3(2), eff. September 1, 2007. (5832)

(j) The provisions of Section 46.02 prohibiting the carrying of a handgun do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission. (5833)

Added by Acts 1995, 74th Leg., ch. 318, Sec. 18, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1221, Sec. 4, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 28, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 9.25, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1445, Sec. 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1060, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 325, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 421, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 795, Sec. 1, eff. June 20, 2003. (5834)

Amended by: (5835)

Acts 2005, 79th Leg., Ch. 288 (H.B. 823), Sec. 1, eff. September 1, 2005. (5836)

Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(78), eff. September 1, 2005. (5837)

Acts 2005, 79th Leg., Ch. 976 (H.B. 1813), Sec. 4, eff. September 1, 2005. (5838)

Acts 2005, 79th Leg., Ch. 1093 (H.B. 2110), Sec. 1, eff. September 1, 2005. (5839)

Acts 2005, 79th Leg., Ch. 1093 (H.B. 2110), Sec. 4, eff. September 1, 2005. (5840)

Acts 2005, 79th Leg., Ch. 1179 (S.B. 578), Sec. 2, eff. September 1, 2005. (5841)

Acts 2005, 79th Leg., Ch. 1179 (S.B. 578), Sec. 3, eff. September 1, 2005. (5842)

Acts 2007, 80th Leg., R.S., Ch. 647 (H.B. 964), Sec. 1, eff. September 1, 2007. (5843)

Acts 2007, 80th Leg., R.S., Ch. 693 (H.B. 1815), Sec. 2, eff. September 1, 2007. (5844)

Acts 2007, 80th Leg., R.S., Ch. 693 (H.B. 1815), Sec. 3(1), eff. September 1, 2007. (5845)

Acts 2007, 80th Leg., R.S., Ch. 693 (H.B. 1815), Sec. 3(2), eff. September 1, 2007. (5846)

Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(62), eff. September 1, 2007. (5847)

Acts 2007, 80th Leg., R.S., Ch. 1048 (H.B. 2101), Sec. 3, eff. September 1, 2007. (5848)

Acts 2007, 80th Leg., R.S., Ch. 1214 (H.B. 1889), Sec. 1, eff. June 15, 2007. (5849)

Acts 2007, 80th Leg., R.S., Ch. 1222 (H.B. 2300), Sec. 6, eff. June 15, 2007. (5850)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 19.004, eff. September 1, 2009. (5851)

Acts 2009, 81st Leg., R.S., Ch. 299 (H.B. 405), Sec. 1, eff. June 19, 2009. (5852)

Acts 2009, 81st Leg., R.S., Ch. 794 (S.B. 1237), Sec. 4, eff. June 19, 2009. (5853)

Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 4B.22, eff. September 1, 2009. (5854)

Acts 2011, 82nd Leg., R.S., Ch. 679 (H.B. 25), Sec. 2, eff. September 1, 2011. (5855)

Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 13.02, eff. September 28, 2011. (5856)

Acts 2013, 83rd Leg., R.S., Ch. 1080 (H.B. 3370), Sec. 4, eff. September 1, 2013. (5857)

Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.20, eff. September 1, 2013. (5858)

Acts 2013, 83rd Leg., R.S., Ch. 1302 (H.B. 3142), Sec. 13, eff. June 14, 2013. (5859)

Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 49, eff. January 1, 2016. (5860)

Acts 2017, 85th Leg., R.S., Ch. 1049 (H.B. 1935), Sec. 8, eff. September 1, 2017. (5861)

Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435), Sec. 13, eff. September 1, 2017. (5862)

CHAPTER 47. GAMBLING (5863)(1-click HTML)

Sec. 47.01. DEFINITIONS. (5864)(1-click HTML)

In this chapter: (5865)

(1) "Bet" means an agreement to win or lose something of value solely or partially by chance. A bet does not include: (5866)

(A) contracts of indemnity or guaranty, or life, health, property, or accident insurance; (5867)

(B) an offer of a prize, award, or compensation to the actual contestants in a bona fide contest for the determination of skill, speed, strength, or endurance or to the owners of animals, vehicles, watercraft, or aircraft entered in a contest; or (5868)

(C) an offer of merchandise, with a value not greater than $25, made by the proprietor of a bona fide carnival contest conducted at a carnival sponsored by a nonprofit religious, fraternal, school, law enforcement, youth, agricultural, or civic group, including any nonprofit agricultural or civic group incorporated by the state before 1955, if the person to receive the merchandise from the proprietor is the person who performs the carnival contest. (5869)

(2) "Bookmaking" means: (5870)

(A) to receive and record or to forward more than five bets or offers to bet in a period of 24 hours; (5871)

(B) to receive and record or to forward bets or offers to bet totaling more than $1,000 in a period of 24 hours; or (5872)

(C) a scheme by three or more persons to receive, record, or forward a bet or an offer to bet. (5873)

(3) "Gambling place" means any real estate, building, room, tent, vehicle, boat, or other property whatsoever, one of the uses of which is the making or settling of bets, bookmaking, or the conducting of a lottery or the playing of gambling devices. (5874)

(4) "Gambling device" means any electronic, electromechanical, or mechanical contrivance not excluded under Paragraph (B) that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance. The term: (5875)

(A) includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, video poker, or similar electronic, electromechanical, or mechanical games, or facsimiles thereof, that operate by chance or partially so, that as a result of the play or operation of the game award credits or free games, and that record the number of free games or credits so awarded and the cancellation or removal of the free games or credits; and (5876)

(B) does not include any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with noncash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than 10 times the amount charged to play the game or device once or $5, whichever is less. (5877)

(5) "Altered gambling equipment" means any contrivance that has been altered in some manner, including, but not limited to, shaved dice, loaded dice, magnetic dice, mirror rings, electronic sensors, shaved cards, marked cards, and any other equipment altered or designed to enhance the actor's chances of winning. (5878)

(6) "Gambling paraphernalia" means any book, instrument, or apparatus by means of which bets have been or may be recorded or registered; any record, ticket, certificate, bill, slip, token, writing, scratch sheet, or other means of carrying on bookmaking, wagering pools, lotteries, numbers, policy, or similar games. (5879)

(7) "Lottery" means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win anything of value, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or some other name. (5880)

(8) "Private place" means a place to which the public does not have access, and excludes, among other places, streets, highways, restaurants, taverns, nightclubs, schools, hospitals, and the common areas of apartment houses, hotels, motels, office buildings, transportation facilities, and shops. (5881)

(9) "Thing of value" means any benefit, but does not include an unrecorded and immediate right of replay not exchangeable for value. (5882)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 313, Sec. 1, 2, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 396, Sec. 1, eff. June 14, 1989; Acts 1993, 73rd Leg., ch. 774, Sec. 1, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 19, eff. Sept. 1, 1995. (5883)

Sec. 47.02. GAMBLING. (5884)(1-click HTML)

(a) A person commits an offense if he: (5885)

(1) makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest; (5886)

(2) makes a bet on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or (5887)

(3) plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device. (5888)

(b) It is a defense to prosecution under this section that: (5889)

(1) the actor engaged in gambling in a private place; (5890)

(2) no person received any economic benefit other than personal winnings; and (5891)

(3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants. (5892)

Text of subsection effective until April 01, 2019 (5893)

(c) It is a defense to prosecution under this section that the actor reasonably believed that the conduct: (5894)

(1) was permitted under Chapter 2001, Occupations Code; (5895)

(2) was permitted under Chapter 2002, Occupations Code; (5896)

(3) was permitted under Chapter 2004, Occupations Code; (5897)

(4) consisted entirely of participation in the state lottery authorized by the State Lottery Act (Chapter 466, Government Code); (5898)

(5) was permitted under the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes); or (5899)

(6) consisted entirely of participation in a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department. (5900)

Text of subsection effective on April 01, 2019 (5901)

(c) It is a defense to prosecution under this section that the actor reasonably believed that the conduct: (5902)

(1) was permitted under Chapter 2001, Occupations Code; (5903)

(2) was permitted under Chapter 2002, Occupations Code; (5904)

(3) was permitted under Chapter 2004, Occupations Code; (5905)

(4) consisted entirely of participation in the state lottery authorized by the State Lottery Act (Chapter 466, Government Code); (5906)

(5) was permitted under Subtitle A-1, Title 13, Occupations Code (Texas Racing Act); or (5907)

(6) consisted entirely of participation in a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department. (5908)

(d) An offense under this section is a Class C misdemeanor. (5909)

(e) It is a defense to prosecution under this section that a person played for something of value other than money using an electronic, electromechanical, or mechanical contrivance excluded from the definition of "gambling device" under Section 47.01(4)(B). (5910)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1981, 67th Leg., 1st C.S., p. 101, ch. 11, Sec. 43, eff. Nov. 10, 1981; Acts 1989, 71st Leg., ch. 957, Sec. 2, eff. Jan. 1, 1990; Acts 1991, 72nd Leg., 1st C.S., ch. 6, Sec. 3; Acts 1993, 73rd Leg., ch. 107, Sec. 4.04, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 774, Sec. 2, eff. Aug. 30, 1993. Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76, Sec. 14.53, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 20, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 931, Sec. 79, eff. June 16, 1995; Acts 1997, 75th Leg., ch. 1256, Sec. 124, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, Sec. 14.834, eff. Sept. 1, 2001. (5911)

Amended by: (5912)

Acts 2015, 84th Leg., R.S., Ch. 47 (H.B. 975), Sec. 2, eff. January 1, 2016. (5913)

Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.08, eff. April 1, 2019. (5914)

Sec. 47.03. GAMBLING PROMOTION. (5915)(1-click HTML)

(a) A person commits an offense if he intentionally or knowingly does any of the following acts: (5916)

(1) operates or participates in the earnings of a gambling place; (5917)

(2) engages in bookmaking; (5918)

(3) for gain, becomes a custodian of anything of value bet or offered to be bet; (5919)

(4) sells chances on the partial or final result of or on the margin of victory in any game or contest or on the performance of any participant in any game or contest or on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or (5920)

(5) for gain, sets up or promotes any lottery or sells or offers to sell or knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery. (5921)

(b) An offense under this section is a Class A misdemeanor. (5922)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 313, Sec. 3, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (5923)

Sec. 47.04. KEEPING A GAMBLING PLACE. (5924)(1-click HTML)

(a) A person commits an offense if he knowingly uses or permits another to use as a gambling place any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control, or rents or lets any such property with a view or expectation that it be so used. (5925)

(b) It is an affirmative defense to prosecution under this section that: (5926)

(1) the gambling occurred in a private place; (5927)

(2) no person received any economic benefit other than personal winnings; and (5928)

(3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants. (5929)

(c) An offense under this section is a Class A misdemeanor. (5930)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 667, ch. 251, Sec. 1, eff. Aug. 29, 1977. Acts 1989, 71st Leg., ch. 1030, Sec. 1, eff. Sept. 1, 1989. Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (5931)

Sec. 47.05. COMMUNICATING GAMBLING INFORMATION. (5932)(1-click HTML)

(a) A person commits an offense if, with the intent to further gambling, he knowingly communicates information as to bets, betting odds, or changes in betting odds or he knowingly provides, installs, or maintains equipment for the transmission or receipt of such information. (5933)

Text of subsection effective until April 01, 2019 (5934)

(b) It is an exception to the application of Subsection (a) that the information communicated is intended for use in placing a lawful wager under Article 11, Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), and is not communicated in violation of Section 14.01 of that Act. (5935)

Text of subsection effective on April 01, 2019 (5936)

(b) It is an exception to the application of Subsection (a) that the information communicated is intended for use in placing a lawful wager under Chapter 2027, Occupations Code, and is not communicated in violation of Section 2033.013, Occupations Code. (5937)

(c) An offense under this section is a Class A misdemeanor. (5938)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (5939)

Amended by: (5940)

Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.09, eff. April 1, 2019. (5941)

Sec. 47.06. POSSESSION OF GAMBLING DEVICE, EQUIPMENT, OR PARAPHERNALIA. (5942)(1-click HTML)

(a) A person commits an offense if, with the intent to further gambling, he knowingly owns, manufactures, transfers, or possesses any gambling device that he knows is designed for gambling purposes or any equipment that he knows is designed as a subassembly or essential part of a gambling device. (5943)

(b) A person commits an offense if, with the intent to further gambling, he knowingly owns, manufactures, transfers commercially, or possesses any altered gambling equipment that he knows is designed for gambling purposes or any equipment that he knows is designed as a subassembly or essential part of such device. (5944)

(c) A person commits an offense if, with the intent to further gambling, the person knowingly owns, manufactures, transfers commercially, or possesses gambling paraphernalia. (5945)

(d) It is a defense to prosecution under Subsections (a) and (c) that: (5946)

(1) the device, equipment, or paraphernalia is used for or is intended for use in gambling that is to occur entirely in a private place; (5947)

(2) a person involved in the gambling does not receive any economic benefit other than personal winnings; and (5948)

(3) except for the advantage of skill or luck, the chance of winning is the same for all participants. (5949)

(e) An offense under this section is a Class A misdemeanor. (5950)

(f) It is a defense to prosecution under Subsection (a) or (c) that the person owned, manufactured, transferred, or possessed the gambling device, equipment, or paraphernalia for the sole purpose of shipping it to another jurisdiction where the possession or use of the device, equipment, or paraphernalia was legal. (5951)

(g) A district or county attorney is not required to have a search warrant or subpoena to inspect a gambling device or gambling equipment or paraphernalia on an ocean-going vessel that enters the territorial waters of this state to call at a port in this state. (5952)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 668, ch. 251, Sec. 2, eff. Aug. 29, 1977; Acts 1977, 65th Leg., p. 1865, ch. 741, Sec. 1, eff. Aug. 29, 1977; Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(48), eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 458, Sec. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1030, Sec. 2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 44, Sec. 1, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 315, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 6, Sec. 4; Acts 1993, 73rd Leg., ch. 107, Sec. 4.05, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 284, Sec. 30, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (5953)

Sec. 47.07. EVIDENCE. (5954)(1-click HTML)

In any prosecution under this chapter in which it is relevant to prove the occurrence of a sporting event, a published report of its occurrence in a daily newspaper, magazine, or other periodically printed publication of general circulation shall be admissible in evidence and is prima facie evidence that the event occurred. (5955)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 47.08 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (5956)

Sec. 47.08. TESTIMONIAL IMMUNITY. (5957)(1-click HTML)

(a) A party to an offense under this chapter may be required to furnish evidence or testify about the offense. (5958)

(b) A party to an offense under this chapter may not be prosecuted for any offense about which he is required to furnish evidence or testify, and the evidence and testimony may not be used against the party in any adjudicatory proceeding except a prosecution for aggravated perjury. (5959)

(c) For purposes of this section, "adjudicatory proceeding" means a proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specified parties are determined. (5960)

(d) A conviction under this chapter may be had upon the uncorroborated testimony of a party to the offense. (5961)

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Renumbered from Penal Code Sec. 47.09 by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (5962)

Sec. 47.09. OTHER DEFENSES. (5963)(1-click HTML)

(5964)

Text of subsection effective until April 01, 2019 (5965)

(a) It is a defense to prosecution under this chapter that the conduct: (5966)

(1) was authorized under: (5967)

(A) Chapter 2001, Occupations Code; (5968)

(B) Chapter 2002, Occupations Code; (5969)

(C) Chapter 2004, Occupations Code; (5970)

(D) the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes); or (5971)

(E) Chapter 280, Finance Code; (5972)

(2) consisted entirely of participation in the state lottery authorized by Chapter 466, Government Code; or (5973)

(3) was a necessary incident to the operation of the state lottery and was directly or indirectly authorized by: (5974)

(A) Chapter 466, Government Code; (5975)

(B) the lottery division of the Texas Lottery Commission; (5976)

(C) the Texas Lottery Commission; or (5977)

(D) the director of the lottery division of the Texas Lottery Commission. (5978)

Text of subsection effective on April 01, 2019 (5979)

(a) It is a defense to prosecution under this chapter that the conduct: (5980)

(1) was authorized under: (5981)

(A) Chapter 2001, Occupations Code; (5982)

(B) Chapter 2002, Occupations Code; (5983)

(C) Chapter 2004, Occupations Code; (5984)

(D) Subtitle A-1, Title 13, Occupations Code (Texas Racing Act); or (5985)

(E) Chapter 280, Finance Code; (5986)

(2) consisted entirely of participation in the state lottery authorized by Chapter 466, Government Code; or (5987)

(3) was a necessary incident to the operation of the state lottery and was directly or indirectly authorized by: (5988)

(A) Chapter 466, Government Code; (5989)

(B) the lottery division of the Texas Lottery Commission; (5990)

(C) the Texas Lottery Commission; or (5991)

(D) the director of the lottery division of the Texas Lottery Commission. (5992)

(b) It is an affirmative defense to prosecution under Sections 47.04, 47.06(a), and 47.06(c) that the gambling device, equipment, or paraphernalia is aboard an ocean-going vessel that enters the territorial waters of this state to call at a port in this state if: (5993)

(1) before the vessel enters the territorial waters of this state, the district attorney or, if there is no district attorney, the county attorney for the county in which the port is located receives notice of the existence of the device, equipment, or paraphernalia on board the vessel and of the anticipated dates on which the vessel will enter and leave the territorial waters of this state; (5994)

(2) at all times while the vessel is in the territorial waters of this state all devices, equipment, or paraphernalia are disabled, electronically or by another method, from a remote and secured area of the vessel in a manner that allows only the master or crew of the vessel to remove any disabling device; (5995)

(3) at all times while the vessel is in the territorial waters of this state any disabling device is not removed except for the purposes of inspecting or repairing the device, equipment, or paraphernalia; and (5996)

(4) the device, equipment, or paraphernalia is not used for gambling or other gaming purposes while the vessel is in the territorial waters of this state. (5997)

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.54, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 111, Sec. 1, eff. May 16, 1997; Acts 1997, 75th Leg., ch. 1035, Sec. 55, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 844, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.835, eff. Sept. 1, 2001. (5998)

Amended by: (5999)

Acts 2015, 84th Leg., R.S., Ch. 47 (H.B. 975), Sec. 3, eff. January 1, 2016. (6000)

Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.10, eff. April 1, 2019. (6001)

Acts 2017, 85th Leg., R.S., Ch. 978 (H.B. 471), Sec. 5, eff. November 7, 2017. (6002)

Sec. 47.10. AMERICAN DOCUMENTATION OF VESSEL REQUIRED. (6003)(1-click HTML)

If 18 U.S.C. Section 1082 is repealed, the affirmative defenses provided by Section 47.09(b) apply only if the vessel is documented under the laws of the United States. (6004)

Added by Acts 1989, 71st Leg., ch. 1030, Sec. 4, eff. Sept. 1, 1989. Renumbered from Penal Code Sec. 47.12 by Acts 1990, 71st Leg., 6th C.S., ch. 12, Sec. 2(27), eff. Sept. 6, 1990. Renumbered from Penal Code Sec. 47.13 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (6005)

Sec. 47.11. DEPOSITS IN CERTAIN ACCOUNTS NOT CONSIDERATION. (6006)(1-click HTML)

For purposes of this chapter, opening or making a deposit in a savings account or other savings program subject to a savings promotion raffle under Chapter 280, Finance Code, does not constitute consideration. (6007)

Added by Acts 2017, 85th Leg., R.S., Ch. 978 (H.B. 471), Sec. 6, eff. November 7, 2017. (6008)

CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH (6009)(1-click HTML)

Sec. 48.01. SMOKING TOBACCO. (6010)(1-click HTML)

(a) In this section, "e-cigarette" has the meaning assigned by Section 161.081, Health and Safety Code. (6011)

(a-1) A person commits an offense if the person is in possession of a burning tobacco product, smokes tobacco, or operates an e-cigarette in a facility of a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, intrastate bus, plane, or train which is a public place. (6012)

(b) It is a defense to prosecution under this section that the conveyance or public place in which the offense takes place does not have prominently displayed a reasonably sized notice that smoking is prohibited by state law in such conveyance or public place and that an offense is punishable by a fine not to exceed $500. (6013)

(c) All conveyances and public places set out in Subsection (a-1) shall be equipped with facilities for extinguishment of smoking materials and it shall be a defense to prosecution under this section if the conveyance or public place within which the offense takes place is not so equipped. (6014)

(d) It is an exception to the application of Subsection (a-1) if the person is in possession of the burning tobacco product, smokes tobacco, or operates the e-cigarette exclusively within an area designated for smoking tobacco or operating an e-cigarette or as a participant in an authorized theatrical performance. (6015)

(e) An area designated for smoking tobacco or operating an e-cigarette on a transit system bus or intrastate plane or train must also include the area occupied by the operator of the transit system bus, plane, or train. (6016)

(f) An offense under this section is punishable as a Class C misdemeanor. (6017)

Added by Acts 1975, 64th Leg., p. 744, ch. 290, Sec. 1, eff. Sept. 1, 1975. Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 165, Sec. 30.242, eff. Sept. 1, 1997. (6018)

Amended by: (6019)

Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 39, eff. October 1, 2015. (6020)

Sec. 48.015. PROHIBITIONS RELATING TO CERTAIN CIGARETTES. (6021)(1-click HTML)

(a) A person may not acquire, hold, own, possess, or transport for sale or distribution in this state or import or cause to be imported into this state for sale or distribution in this state: (6022)

(1) cigarettes that do not comply with all applicable requirements imposed by or under federal law and implementing regulations; or (6023)

(2) cigarettes to which stamps may not be affixed under Section 154.0415, Tax Code, other than cigarettes lawfully imported or brought into the state for personal use and cigarettes lawfully sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with 19 U.S.C. Section 1555(b), as amended. (6024)

(b) A person who commits an act prohibited by Subsection (a), knowing or having reason to know that the person is doing so, is guilty of a Class A misdemeanor. (6025)

Added by Acts 2001, 77th Leg., ch. 1104, Sec. 6, eff. Sept. 1, 2001. (6026)

Sec. 48.02. PROHIBITION OF THE PURCHASE AND SALE OF HUMAN ORGANS. (6027)(1-click HTML)

(a) In this section, "human organ" means the human kidney, liver, heart, lung, pancreas, eye, bone, skin, or any other human organ or tissue, but does not include hair or blood, blood components (including plasma), blood derivatives, or blood reagents. The term does not include human fetal tissue as defined by Section 48.03. (6028)

(b) A person commits an offense if he or she knowingly or intentionally offers to buy, offers to sell, acquires, receives, sells, or otherwise transfers any human organ for valuable consideration. (6029)

(c) It is an exception to the application of this section that the valuable consideration is: (1) a fee paid to a physician or to other medical personnel for services rendered in the usual course of medical practice or a fee paid for hospital or other clinical services; (2) reimbursement of legal or medical expenses incurred for the benefit of the ultimate receiver of the organ; or (3) reimbursement of expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ. (6030)

(d) A violation of this section is a Class A misdemeanor. (6031)

Added by Acts 1985, 69th Leg., ch. 40, Sec. 1, eff. Aug. 26, 1985. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. (6032)

Amended by: (6033)

Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 16, eff. September 1, 2017. (6034)

Text of section as added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 17 (6035)

For text of section as added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Sec. 4, see other Sec. 48.03. (6036)

Sec. 48.03. PROHIBITION ON PURCHASE AND SALE OF HUMAN FETAL TISSUE. (6037)(1-click HTML)

(a) In this section, "human fetal tissue" has the meaning assigned by Section 173.001, Health and Safety Code. (6038)

(b) A person commits an offense if the person knowingly offers to buy, offers to sell, acquires, receives, sells, or otherwise transfers any human fetal tissue for economic benefit. (6039)

(c) An offense under this section is a state jail felony. (6040)

(d) It is a defense to prosecution under this section that the actor: (6041)

(1) is an employee of or under contract with an accredited public or private institution of higher education; and (6042)

(2) acquires, receives, or transfers human fetal tissue solely for the purpose of fulfilling a donation authorized by Section 173.005, Health and Safety Code. (6043)

(e) This section does not apply to: (6044)

(1) human fetal tissue acquired, received, or transferred solely for diagnostic or pathological testing; (6045)

(2) human fetal tissue acquired, received, or transferred solely for the purposes of a criminal investigation; (6046)

(3) human fetal tissue acquired, received, or transferred solely for the purpose of disposing of the tissue in accordance with state law or rules applicable to the disposition of human fetal tissue remains; (6047)

(4) human fetal tissue or human tissue acquired during pregnancy or at delivery of a child, provided the tissue is acquired by an accredited public or private institution of higher education for use in research approved by an institutional review board or another appropriate board, committee, or body charged with oversight applicable to the research; or (6048)

(5) cell lines derived from human fetal tissue or human tissue existing on September 1, 2017, that are used by an accredited public or private institution of higher education in research approved by an institutional review board or another appropriate board, committee, or body charged with oversight applicable to the research. (6049)

(f) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section. (6050)

Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 17, eff. September 1, 2017. (6051)

Text of section as added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Sec. 4 (6052)

For text of section as added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 17, see other Sec. 48.03. (6053)

Sec. 48.03. PROHIBITION ON PURCHASE AND SALE OF ADULT STEM CELLS FOR CERTAIN INVESTIGATIONAL TREATMENTS. (6054)(1-click HTML)

(a) In this section: (6055)

(1) "Adult stem cell" means an undifferentiated cell that is: (6056)

(A) found in differentiated tissue; and (6057)

(B) able to renew itself and differentiate to yield all or nearly all of the specialized cell types of the tissue from which the cell originated. (6058)

(2) "Investigational stem cell treatment" means an adult stem cell treatment that: (6059)

(A) is under investigation in a clinical trial and being administered to human participants in that trial; and (6060)

(B) has not yet been approved for general use by the United States Food and Drug Administration. (6061)

(b) A person commits an offense if the person knowingly offers to buy, offers to sell, acquires, receives, sells, or otherwise transfers any adult stem cells for valuable consideration for use in an investigational stem cell treatment. (6062)

(c) It is an exception to the application of this section that the valuable consideration is: (6063)

(1) a fee paid to a physician or to other medical personnel for services rendered in the usual course of medical practice or a fee paid for hospital or other clinical services; (6064)

(2) reimbursement of legal or medical expenses incurred for the benefit of the ultimate receiver of the investigational stem cell treatment; or (6065)

(3) reimbursement of expenses of travel, housing, and lost wages incurred by the donor of adult stem cells in connection with the donation of the adult stem cells. (6066)

(d) It is an exception to the application of this section that the actor engaged in conduct authorized under Chapter 162, Health and Safety Code. (6067)

(e) A violation of this section is a Class A misdemeanor. (6068)

Added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Sec. 4, eff. September 1, 2017. (6069)

CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES (6070)(1-click HTML)

Sec. 49.01. DEFINITIONS. (6071)(1-click HTML)

In this chapter: (6072)

(1) "Alcohol concentration" means the number of grams of alcohol per: (6073)

(A) 210 liters of breath; (6074)

(B) 100 milliliters of blood; or (6075)

(C) 67 milliliters of urine. (6076)

(2) "Intoxicated" means: (6077)

(A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (6078)

(B) having an alcohol concentration of 0.08 or more. (6079)

(3) "Motor vehicle" has the meaning assigned by Section 32.34(a). (6080)

(4) "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water. (6081)

(5) "Amusement ride" has the meaning assigned by Section 2151.002, Occupations Code. (6082)

(6) "Mobile amusement ride" has the meaning assigned by Section 2151.002, Occupations Code. (6083)

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1999, 76th Leg., ch. 234, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1364, Sec. 8, eff. Jan. 1, 2000; Acts 2001, 77th Leg., ch. 1420, Sec. 14.707, eff. Sept. 1, 2001. (6084)

Sec. 49.02. PUBLIC INTOXICATION. (6085)(1-click HTML)

(a) A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another. (6086)

(a-1) For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place. (6087)

(b) It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician. (6088)

(c) Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor. (6089)

(d) An offense under this section is not a lesser included offense under Section 49.04. (6090)

(e) An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies. (6091)

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 12, eff. Sept. 1, 1997. (6092)

Amended by: (6093)

Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 25, eff. September 1, 2007. (6094)

Sec. 49.031. POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE. (6095)(1-click HTML)

(a) In this section: (6096)

(1) "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed. (6097)

(2) "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle. The term does not include: (6098)

(A) a glove compartment or similar storage container that is locked; (6099)

(B) the trunk of a vehicle; or (6100)

(C) the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk. (6101)

(3) "Public highway" means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel. The term includes the right-of-way of a public highway. (6102)

(b) A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked. Possession by a person of one or more open containers in a single criminal episode is a single offense. (6103)

(c) It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in: (6104)

(1) the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine; or (6105)

(2) the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle. (6106)

(d) An offense under this section is a Class C misdemeanor. (6107)

(e) A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged. If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person. (6108)

Added by Acts 2001, 77th Leg., ch. 969, Sec. 2, eff. Sept. 1, 2001. (6109)

Sec. 49.04. DRIVING WHILE INTOXICATED. (6110)(1-click HTML)

(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place. (6111)

(b) Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours. (6112)

(c) If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days. (6113)

(d) If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor. (6114)

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.55, eff. Sept. 1, 1995. (6115)

Amended by: (6116)

Acts 2011, 82nd Leg., R.S., Ch. 960 (H.B. 1199), Sec. 2, eff. September 1, 2011. (6117)

Sec. 49.045. DRIVING WHILE INTOXICATED WITH CHILD PASSENGER. (6118)(1-click HTML)

(a) A person commits an offense if: (6119)

(1) the person is intoxicated while operating a motor vehicle in a public place; and (6120)

(2) the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age. (6121)

(b) An offense under this section is a state jail felony. (6122)

Added by Acts 2003, 78th Leg., ch. 787, Sec. 1, eff. Sept. 1, 2003. (6123)

Sec. 49.05. FLYING WHILE INTOXICATED. (6124)(1-click HTML)

(a) A person commits an offense if the person is intoxicated while operating an aircraft. (6125)

  

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