Penal Code §46.035

In force on Sep 01, 2023 · this text took effect Sep 01, 2023 · same as today's text

UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER

(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: (1) carried in a holster by the license holder; or (2) in a holster, and the handgun and the license holder were in a motor vehicle.

History: 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. Amended by: Acts 2005, 79th Leg., Ch. 976 (H.B. 1813 ), Sec. 3, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1214 (H.B. 1889 ), Sec. 2, eff. June 15, 2007. Acts 2007, 80th Leg., R.S., Ch. 1222 (H.B. 2300 ), Sec. 5, eff. June 15, 2007. Acts 2009, 81st Leg., R.S., Ch. 687 (H.B. 2664 ), Sec. 1, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 72 (S.B. 299 ), Sec. 1, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910 ), Sec. 47, eff. January 1, 2016. Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910 ), Sec. 48, eff. January 1, 2016. Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11 ), Sec. 4, eff. August 1, 2016. Acts 2015, 84th Leg., R.S., Ch. 438 (S.B. 11 ), Sec. 5, eff. August 1, 2016. Acts 2015, 84th Leg., R.S., Ch. 593 (S.B. 273 ), Sec. 2, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576 ), Sec. 32, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488 ), Sec. 15.004, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488 ), Sec. 15.005, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435 ), Sec. 11, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1143 (H.B. 435 ), Sec. 12, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 520 (S.B. 535 ), Sec. 1, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 520 (S.B. 535 ), Sec. 2, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 481 (H.B. 2112 ), Sec. 4, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 518 (S.B. 550 ), Sec. 1, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927 ), Sec. 26(10), eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 1027 (H.B. 1407 ), Sec. 1, eff. September 1, 2021. Repealed by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595 ), Sec. 17.004, eff. September 1, 2023.

Source: the Legislature's file server, seen Nov 08, 2026.

Every version on file

Effective Sep 01, 2023 · seen Nov 2026–Nov 2026

Attorney General opinions that cite it

KP-0176 (Dec 01, 2017): Whether handgun license holders may carry handguns on the premises of a church that does not post signs excluding handguns and whether churches are exempt from the private security fees charged to private institutions
KP-0050 (Sep 23, 2015): Application of Penal Code sections 30.07 and 46.03, relating to the open carry of handguns, to school districts
GA-1051 (Oct 21, 2013): Whether a school district may authorize an employee or trustee to carry a concealed handgun at any meeting of a governmental entity or on the premises of school property where a sporting event or interscholastic event is taking place

A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.