“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.
“License holder” means a person licensed to carry a handgun.
“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.
“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, or an aircraft parking area that is used by common carriers in air transportation but not by general aviation and to which access is controlled under federal law. The term does not include a baggage claim area, a motor vehicle parking area used by passengers, employees, or persons awaiting an arrival, or an area used by the public to pick up or drop off passengers or employees.
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:
– a member of the armed forces or national guard;
– a guard employed by a penal institution; or
– a security officer commissioned by the Texas Private Security Board if the actor is wearing a distinctive uniform; and the firearm or club is in plain view; or a security officer who holds a personal protection authorization provided that the officer is either:
– wearing the uniform of a security officer, including any uniform or apparel and carrying the officer’s firearm in plain view; or
– not wearing the uniform of a security officer and carrying the officer’s firearm in a concealed manner.
It is a defense to prosecution that the actor:
– checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area; or
– was authorized by a federal agency or the airport operator to possess a firearm in a secured area.
– possessed, at the screening checkpoint for the secured area, a handgun that the actor was licensed to carry; and
– exited the screening checkpoint for the secured area immediately upon completion of the required screening processes and notification that the actor possessed the handgun.
A peace officer investigating conduct that may constitute an offense and that consists only of an actor’s possession of a handgun that the actor is licensed to carry, may not arrest the actor for the offense unless:
– 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
– the actor does not immediately exit the checkpoint upon completion of the required screening processes.
It is a defense to prosecution 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:
– the actor is wearing a distinctive uniform; and
– the firearm or club is in plain view.
It is an exception that the actor possessed a firearm or club:
– while in a vehicle being driven on a public road; or
– at the actor’s residence or place of employment.
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