Are you talking about the "traveling clause?"
These are the only exceptions:
§ 46.15. NONAPPLICABILITY. (a) Sections 46.02 and
46.03 do not apply to:
(1) peace officers, including commissioned peace
officers of a recognized state, or special investigators under
Article 2.122, Code of Criminal Procedure, and neither section
prohibits a peace officer or special investigator from carrying a
weapon in this state, including in an establishment in this state
serving the public, 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;
(2) parole officers and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer's duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code;
(4) a judge or justice of the supreme court, the court
of criminal appeals, a court of appeals, a district court, a
criminal district court, a constitutional county court, a statutory
county court, a justice court, or a municipal court who is licensed
to carry a concealed handgun under Subchapter H, Chapter 411,
Government Code; or
(5) an honorably retired peace officer or federal
criminal investigator who holds a certificate of proficiency issued
under Section 1701.357, Occupations Code, and is carrying a photo
identification that:
(A) verifies that the officer honorably retired
after not less than 20 years of service as a commissioned officer;
and
(B) is issued by the agency from which the peace
officer retired or, for a federal criminal investigator, by a state
law enforcement agency.
(b) Section 46.02 does not apply to a person who:
Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1221,
§ 4
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as an employee of a penal
institution who is performing a security function;
Text of subd. (b)(1) as added by Acts 1997, 75th Leg., ch. 1261,
§ 28
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as a guard employed by a penal
institution;
(2) is on the person's own premises or premises under
the person's control unless the person is an employee or agent of
the owner of the premises and the person's primary responsibility
is to act in the capacity of a security guard to protect persons or
property, in which event the person must comply with Subdivision
(5);
(3) is traveling;
Text of subd. (b)(4) as added by Acts 1997, 75th Leg., ch. 1221,
§ 4
(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor's
residence, if the weapon is a type commonly used in the activity;
Text of subd. (b)(4) as added by Acts 1997, 75th Leg., ch. 1261,
§ 28
(4) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is directly en route between the premises and the
actor's residence, if the weapon is a type commonly used in the
activity;
(5) holds a security officer commission issued by the
Texas Board of Private Investigators and Private Security Agencies,
if:
(A) the person is engaged in the performance of
the person's duties as a security officer or traveling to and from
the person's place of assignment;
(B) the person is wearing a distinctive uniform;
and
(C) the weapon is in plain view;
(6) is carrying a concealed handgun and a valid
license issued under Article 4413(29ee), Revised Statutes, to carry
a concealed handgun of the same category as the handgun the person
is carrying;
(7) holds a security officer commission and a personal
protection authorization issued by the Texas Board of Private
Investigators and Private Security Agencies and who is providing
personal protection under the Private Investigators and Private
Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
Statutes); or
(
holds an alcoholic beverage permit or license or
is an employee of a holder of an alcoholic beverage permit or
license if the person is supervising the operation of the permitted
or licensed premises.
(c) The provision of Section 46.02 prohibiting the carrying
of a club does not apply to a noncommissioned security guard at an
institution of higher education who carries a nightstick or similar
club, and who has undergone 15 hours of training in the proper use
of the club, including at least seven hours of training in the use
of the club for nonviolent restraint. For the purposes of this
subsection, "nonviolent restraint" means the use of reasonable
force, not intended and not likely to inflict bodily injury.
(d) The provisions of Section 46.02 prohibiting the
carrying of a firearm or carrying of a club do not apply to a public
security officer employed by the adjutant general under Section
431.029, Government Code, in performance of official duties or
while traveling to or from a place of duty.
(e) The provisions of Section 46.02 prohibiting the
carrying of an illegal knife do not apply to an individual carrying
a bowie knife or a sword used in a historical demonstration or in a
ceremony in which the knife or sword is significant to the
performance of the ceremony.
(f) Section 46.03(a)(6) does not apply to a person who
possesses a firearm or club while in the actual discharge of
official duties as:
(1) a member of the armed forces or state military
forces, as defined by Section 431.001, Government Code; or
(2) an employee of a penal institution.
Text of subsec. (g) as added by Acts 2003, 78th Leg., ch. 421, § 1
(g) For the purpose of Subsection (b)(2), "premises"
includes a recreational vehicle that is being used by the person
carrying the handgun, illegal knife, or club as living quarters,
regardless of whether that use is temporary or permanent. In this
subsection, "recreational vehicle" means a motor vehicle primarily
designed as temporary living quarters or a vehicle that contains
temporary living quarters and is designed to be towed by a motor
vehicle. The term includes a travel trailer, camping trailer,
truck camper, motor home, and horse trailer with living quarters.
Text of subsec. (g) as added by Acts 2003, 78th Leg., ch. 795, § 1
(g) In this section, "recognized state" means another state
with which the attorney general of this state, with the approval of
the governor of this state, negotiated an agreement after
determining that the other state:
(1) has firearm proficiency requirements for peace
officers; and
(2) fully recognizes the right of peace officers
commissioned in this state to carry weapons in the other state.
Added by Acts 1995, 74th Leg., ch. 318, § 18, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1221, § 4, eff. June 20,
1997; Acts 1997, 75th Leg., ch. 1261, § 28, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 62, § 9.25, eff. Sept. 1, 1999; Acts
1999, 76th Leg., ch. 1445, § 2, eff. Sept. 1, 1999; Acts 2001,
77th Leg., ch. 1060, § 3, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 325, § 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.
421, § 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 795, §
1, eff. June 20, 2003.
