Penal Code §46.035: Unlawful Carrying of a Handgun by a License Holder

Texas Penal Code §46.035 applies only to license holders.

• Section 46.035(a): According to this section, an LTC holder commits an offense if the license holder carries a handgun and intentionally displays the gun in plain view of another person in a public place. The only exception would be if the handgun “was partially or wholly visible but was carried in a shoulder or belt holster by the license holder.”
• Section 46.035(a-1): Additionally, an LTC holder commits an offense if the license holder carries a partially or wholly visible handgun, even if the gun is holstered, and intentionally or knowingly displays the gun in plain view of another person:
  • On the premises of an institution of higher education or a private or independent institution of higher education or…
  • On any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education.
• Sections 46.035(a-2) and (a-3) make it an offense if an LTC holder carries a handgun in areas on certain school campuses where effective notice against carrying a gun was given under Penal Code §30.06.
• Section 46.035(b)(1)–(3): Even if no sign prohibiting handguns is posted, you are prohibited from carrying a handgun:
  • On the premises of a business that has a license to sell alcohol if the business derives 51% or more of its income from the sale or service of alcoholic beverages for on-premises consumption or…
  • On the premises where a high school, collegiate, or professional sporting event or interscholastic event is taking place or…
  • On the premises of a correctional facility.
• Section 46.035(c) prohibits you from carrying a handgun at a meeting of a governmental entity (if the meeting is subject to the Texas Open Meetings Act per Government Code Chapter 551 and the required signs prohibiting handguns are posted per Penal Code Chapter 30).
• Section 46.035(i): If the required signs prohibiting concealed carry and/or open carry are posted per Penal Code Chapter 30, you are prohibited from carrying a handgun:
  • On the premises of a licensed hospital or nursing facility (unless you have written authorization from an administrator with the facility); such premises also are required to post notices under Texas GC §411.204 or…
  • In an amusement park or...
  • On the premises of State Hospitals (according to Chapter 552 of the Health and Safety Code).