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Chapter 46 – Weapons

CHL Specific Law is Removed and Can Be Found Here — CHL Law

This website is not meant to be legal counsel. We are not lawyers.

This chapter covers when it’s OK to carry a gun, who can carry a gun, possession of a gun, and other firearm laws in Texas. Please read the law in it’s entirety to fully understand the law. There are many miconceptions about Texas state laws.

Sec. 46.01. DEFINITIONS. In this chapter:

(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:

(A) blackjack;

(B) nightstick;

(C) mace;

(D) tomahawk.

(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.

(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:

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

(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.

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

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

(6) “Illegal knife” means a:

(A) knife with a blade over five and one-half inches;

(B) hand instrument designed to cut or stab another by being
thrown;

(C) dagger, including but not limited to a dirk, stiletto,
and poniard;

(D) bowie knife;

(E) sword; or

(F) spear.

(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.

(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.

(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.

(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.

(11) “Switchblade knife” means any knife that has a
blade that folds, closes, or retracts into the handle or sheath and that opens
automatically by pressure applied to a button or other device located on the
handle or opens or releases a blade from the handle or sheath by the force of
gravity or by the application of centrifugal force. The term does not include
a knife that has a spring, detent, or other mechanism designed to create a bias
toward closure and that requires exertion applied to the blade by hand, wrist,
or arm to overcome the bias toward closure and open the knife.

(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.

(13) “Hoax bomb” means a device that:

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

(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.

(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.

(15) “Racetrack” has the meaning assigned that term
by the Texas Racing Act (Article 179e, Vernon’s Texas Civil Statutes).

(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.

Sec. 46.02. UNLAWFUL CARRYING WEAPONS.

(a)
A person commits an offense if the person intentionally, knowingly, or recklessly
carries on or about his or her person a handgun, illegal knife, or club if the
person is not:

(1) on the person’s own premises or premises under the person’s
control; or

(2) inside of or directly en route to a motor vehicle that is
owned by the person or under the person’s control.

(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 that is owned by the person or under the person’s control at
any time in which:

(1) the handgun is in plain view; or

(2) the person is:

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

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

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

(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.

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

(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.

Sec. 46.03. PLACES WEAPONS PROHIBITED.

(a) A person commits an offense if the person intentionally, knowingly, or recklessly
possesses or goes with a firearm, illegal knife, club, or prohibited weapon
listed in Section 46.05(a):

(1) on the physical premises of a school or educational institution,
any grounds or building on which an activity sponsored by a school or educational
institution is being conducted, or a passenger transportation vehicle of a school
or educational institution, whether the school or educational institution is
public or private, unless pursuant to written regulations or written authorization
of the institution;

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

(3) on the premises of any government court or offices utilized
by the court, unless pursuant to written regulations or written authorization
of the court;

(4) on the premises of a racetrack;

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

(6) within 1,000 feet of premises the location of which is designated
by the Texas Department of Criminal Justice as a place of execution under Article
43.19, Code of Criminal Procedure, on a day that a sentence of death is set
to be imposed on the designated premises and the person received notice that:

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

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

(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.

(c) In this section:

(1) “Premises” has the meaning assigned by Section 46.035.

(2) “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.

(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:

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

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

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

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

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

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

(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

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

(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.

(f) It is not a defense to prosecution under this section that
the actor possessed a handgun and was licensed to carry a concealed handgun
under Subchapter H, Chapter 411, Government Code.

(g) An offense under this section is a third degree felony.

(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:

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

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

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

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

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

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM.

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

(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

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

(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:

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

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

(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.

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

(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.

(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:

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

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

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

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

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

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

Sec. 46.041. UNLAWFUL POSSESSION OF METAL OR BODY ARMOR
BY FELON.

(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.

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

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

Sec. 46.05. PROHIBITED WEAPONS.

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

(1) an explosive weapon;

(2) a machine gun;

(3) a short-barrel firearm;

(4) a firearm silencer;

(5) a switchblade knife;

(6) knuckles;

(7) armor-piercing ammunition;

(8) a chemical dispensing device; or

(9) a zip gun.

(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.

(c) It is a defense to prosecution under this section that the
actor’s possession was pursuant to registration pursuant to the National Firearms
Act, as amended.

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

(1) was incidental to dealing with a switchblade knife, springblade
knife, or short-barrel firearm solely as an antique or curio; or

(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).

(e) An offense under this section is a felony of the third degree
unless it is committed under Subsection (a)(5) or (a)(6), in which event, it
is a Class A misdemeanor.

(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:

(1) provided by the Commission on Law Enforcement Officer Standards
and Education; or

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

(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.

Sec. 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS

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

(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;

(2) intentionally or knowingly sells, rents, leases, or gives
or offers to sell, rent, lease, or give to any child younger than 18 years any
firearm, club, or illegal knife;

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

(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:

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

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

(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

(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.

(b) In this section:

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

(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.

(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.

(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.

Sec. 46.07. INTERSTATE PURCHASE

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).

Sec. 46.10. DEADLY WEAPON IN PENAL INSTITUTION

.

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

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

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

.

(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.

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

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

Sec. 46.11. PENALTY IF OFFENSE COMMITTED WITHIN WEAPON-FREE
SCHOOL ZONE

(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:

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

(2) on premises where:

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

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

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

(c) In this section:

(1) “Institution of higher education” and “premises”
have the meanings assigned by Section 481.134, Health and Safety Code.

(2) “School” means a private or public elementary or
secondary school.

Sec. 46.12. MAPS AS EVIDENCE OF LOCATION OR AREA

(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.

(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).

(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.

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

(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

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

Sec. 46.13. MAKING A FIREARM ACCESSIBLE TO A CHILD

(a) In this section:

(1) “Child” means a person younger than 17 years of
age.

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

(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.

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

(1) failed to secure the firearm; or

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

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

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

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

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

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

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

(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.

(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:

(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

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

(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:

“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.”

Sec. 46.14. FIREARM SMUGGLING

(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:

(1) on more than one occasion; or

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

(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.

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

(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.

Sec. 46.15. NONAPPLICABILITY.

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

(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;

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

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

(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;

(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:

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

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

(4) a judge or justice of a federal court, the supreme court,
the court of criminal appeals, a court of appeals, a district court, a criminal
district court, a constitutional county court, a statutory county court, a justice
court, or a municipal court who is licensed to carry a concealed handgun under
Subchapter H, Chapter 411, Government Code;

(5) an honorably retired peace officer or federal criminal investigator
who holds a certificate of proficiency issued under Section 1701.357, Occupations
Code, and is carrying a photo identification that:

(A) verifies that the officer honorably retired after not
less than 15 years of service as a commissioned officer; and

(B) is issued by a state or local law enforcement agency;

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

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

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

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

(B) engaged in escorting the judicial officer; or

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

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

(1) is in the actual discharge of official duties as a member
of the armed forces or state military forces as defined by Section 431.001,
Government Code, or as a guard employed by a penal institution;

(2) is traveling;

(3) is engaging in lawful hunting, fishing, or other sporting
activity on the immediate premises where the activity is conducted, or is en
route between the premises and the actor’s residence or motor vehicle, if the
weapon is a type commonly used in the activity;

(4) holds a security officer commission issued by the Texas Private
Security Board, if the person is engaged in the performance of the person’s
duties as an officer commissioned under Chapter 1702, Occupations Code, or is
traveling to or from the person’s place of assignment and is wearing the officer’s
uniform and carrying the officer’s weapon in plain view;

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

(A) is engaged in the performance of the person’s duties
as a personal protection officer under Chapter 1702, Occupations Code, or is
traveling to or from the person’s place of assignment; and

(B) is either:

(i) wearing the uniform of a security officer, including
any uniform or apparel described by Section 1702.323(d), Occupations Code, and
carrying the officer’s weapon in plain view; or

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

(6) is carrying a concealed handgun and a valid license issued
under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun
of the same category as the handgun the person is carrying;

(7) holds an alcoholic beverage permit or license or is an employee
of a holder of an alcoholic beverage permit or license if the person is supervising
the operation of the permitted or licensed premises; or

(8) is a student in a law enforcement class engaging in an activity
required as part of the class, if the weapon is a type commonly used in the
activity and the person is:

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

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

(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.

(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 431.029, Government Code, in
performance of official duties or while traveling to or from a place of duty.

(e) The provisions of Section 46.02 prohibiting the carrying
of an illegal knife do not apply to an individual carrying a bowie knife or
a sword used in a historical demonstration or in a ceremony in which the knife
or sword is significant to the performance of the ceremony.

(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:

(1) a member of the armed forces or state military forces, as
defined by Section 431.001, Government Code; or

(2) an employee of a penal institution.

(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.

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

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

(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.

GZP