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Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.1305

Houston Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law


Art. 2.1305 of the Texas Code of Criminal Procedure deals with the issue of carrying weapons on certain premises. The article provides clarity on the rights of peace officers and special investigators with respect to carrying weapons on the premises of establishments serving the public.


The article begins by stating that establishments serving the public may not prohibit or restrict a peace officer or special investigator from carrying a weapon on their premises. This means that even if the establishment has a policy against weapons, a peace officer or special investigator is authorized to carry their weapon, regardless of whether they are on or off-duty, as long as they are authorized to carry that weapon. This provision ensures that peace officers and special investigators have the freedom to carry their weapons on duty and off duty, wherever they go.



The article also defines "establishment serving the public" to include hotels, motels, restaurants, retail businesses, sports venues, and any other place of public accommodation, amusement, convenience, or resort. It further defines "sports venue" to mean an arena, coliseum, stadium, or other type of facility that is primarily used or planned for primary use for one or more professional or amateur sports or athletics events.


The penalty for violating this article is a civil penalty of $1,000 for each violation, and the attorney general may sue to collect the penalty. The money collected from the penalties goes to the state treasury to the credit of the general revenue fund.

The purpose of this article is to provide peace officers and special investigators with the right to carry their weapons, regardless of the policies of the establishments serving the public. This provision ensures that peace officers and special investigators are always prepared to act in the event of an emergency, regardless of whether they are on duty or off duty.


In summary, Art. 2.1305 of the Texas Code of Criminal Procedure provides peace officers and special investigators with the freedom to carry their weapons on the premises of establishments serving the public. It clarifies that establishments serving the public may not prohibit or restrict a peace officer or special investigator from carrying a weapon, and it defines the penalty for violating this article. This provision ensures that peace officers and special investigators are always prepared to act in the event of an emergency, regardless of their duty status.


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. (c) An establishment serving the public that violates this article is subject to a civil penalty in the amount of $1,000 for each violation. The attorney general may sue to collect a civil penalty under this subsection. Money collected under this subsection shall be deposited in the state treasury to the credit of the general revenue fund. Added by Acts 2017, 85th Leg., R.S., Ch. 124 (H.B. 873), Sec. 1, eff. September 1, 2017. Amended by: Acts 2019, 86th Leg., R.S., Ch. 484 (H.B. 2164), Sec. 1, eff. September 1, 2019.


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