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by ELB
Thu May 16, 2019 10:25 am
Forum: LEO Contacts & Bloopers
Topic: Can someone find this law?
Replies: 15
Views: 786

Re: Can someone find this law?

srothstein wrote:
Thu May 16, 2019 12:25 am
... I thought "Establishment serving the public" was an unusual enough phrase that I could go through the results list to find it. This bill was the only one that came up.
Ah! Excellent search term. I was searching for changes referencing the criminal procedure code, and for whatever I did not see that bill pop up.
by ELB
Wed May 15, 2019 5:26 pm
Forum: LEO Contacts & Bloopers
Topic: Can someone find this law?
Replies: 15
Views: 786

Re: Can someone find this law?

nightmare69 wrote:
Wed May 15, 2019 4:40 pm
...

This has to be it even though I learned about it in 2014 it may have been revised since then. Thanks a bunch!
It may have been drafted in 2014 for the 2015 Legislature, but I could not find any bills doing so for that legislative session. The Texas Legislature Online has a neat function that lets you see exactly how a given statute was worded on a specific date in the past, and Section 2.1305 doesn't even appear until 01 Sep 2017. It often takes awhile for things to percolate through.
by ELB
Wed May 15, 2019 2:46 pm
Forum: LEO Contacts & Bloopers
Topic: Can someone find this law?
Replies: 15
Views: 786

Re: Can someone find this law?

ELB wrote:
Wed May 15, 2019 2:22 pm
https://statutes.capitol.texas.gov/DocV ... ce+officer

I believe this is it, although it appears it wasn't added until 2017:
...
…and continuing with that thought, I wonder it this was added in response to this, which happened in 2016:

Cinemark Theater Manager Threatens To Have Off-Duty Officer Arrested

or, if that, in conjunction with the NFL nonsense, was the final straw.
by ELB
Wed May 15, 2019 2:22 pm
Forum: LEO Contacts & Bloopers
Topic: Can someone find this law?
Replies: 15
Views: 786

Re: Can someone find this law?

https://statutes.capitol.texas.gov/DocV ... ce+officer

I believe this is it, although it appears it wasn't added until 2017:

CODE OF CRIMINAL PROCEDURE


TITLE 1. CODE OF CRIMINAL PROCEDURE


CHAPTER 2. GENERAL DUTIES OF OFFICERS

Art. 2.1305. CARRYING WEAPON ON CERTAIN PREMISES. (a) An establishment serving the public may not prohibit or otherwise restrict a peace officer or special investigator from carrying on the establishment's premises a weapon that the peace officer or special investigator is otherwise authorized to carry, 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.

(b) For purposes of this article:

(1) "Establishment serving the public" means:

(A) a hotel, motel, or other place of lodging;

(B) a restaurant or other place where food is offered for sale to the public;

(C) a retail business or other commercial establishment or an office building to which the general public is invited;

(D) a sports venue; and

(E) any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited.

(2) "Sports venue" means an arena, coliseum, stadium, or other type of area or facility that is primarily used or is planned for primary use for one or more professional or amateur sports or athletics events and for which a fee is charged or is planned to be charged for admission to the sports or athletics events, other than occasional civic, charitable, or promotional events.


Added by Acts 2017, 85th Leg., R.S., Ch. 124 (H.B. 873), Sec. 1, eff. September 1, 2017.
by ELB
Wed May 15, 2019 1:52 pm
Forum: LEO Contacts & Bloopers
Topic: Can someone find this law?
Replies: 15
Views: 786

Re: Can someone find this law?

I did the same internet searching you probably did.

From what I did find it appears to me that the Leg did not create a law in response to the NFL policy, but that existing Texas law did not allow the NFL to implement this policy. In particular, PC 46.15 effectively exempts peace officers from the restrictions contained in 46.02 and 46 .03, and PC 30.05 exempts peace officers from Criminal Trespass if the reason is carrying a handgun. So there is no way to legally prohibit entry to a peace officer because he is carrying a handgun. It appears that as matter of practice at the two NFL facilities in Texas off duty officers who are armed are supposed to register their seating positions with security, but that appears to be a more procedural, security oriented arrangement than a legal requirement.

It does appear that there are states where this is not the case, for example Minnesota where the issue went to court, and off-duty police officers there are not permitted to carry their firearms at NFL games.

ETA: I looked to see if there were any Texas Attorney General opinions on this subject. There are about three dealing with whether off-duty officers can carry at places like race tracks and amusement parks, but they are from the mid 1990s, and I don't think they have any bearing on the issue today. I didn't see anything more recent.

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