Sec. 46.15. NONAPPLICABILITY  


Latest version.
  • 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.

    (g) The provisions of Sections 46.02 and 46.03 prohibiting the possession or carrying of a club do not apply to an animal control officer who holds a certificate issued under Section 829.006, Health and Safety Code, and who possesses or carries an instrument used specifically for deterring the bite of an animal while the officer is in the performance of official duties under the Health and Safety Code or is traveling to or from a place of duty.

    (h) Repealed by Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 3(1), eff. September 1, 2007.

    (i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 693, Sec. 3(2), eff. September 1, 2007.

    (j) The provisions of Section 46.02 prohibiting the carrying of a handgun do not apply to an individual who carries a handgun as a participant in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission.

Added by Acts 1995, 74th Leg., ch. 318, Sec. 18, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1221, Sec. 4, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1261, Sec. 28, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 9.25, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1445, Sec. 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1060, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 325, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 421, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 795, Sec. 1, eff. June 20, 2003. Amended by: Acts 2005, 79th Leg., Ch. 288 , Sec. 1, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 728 , Sec. 23.001(78), eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 976 , Sec. 4, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 1093 , Sec. 1, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 1093 , Sec. 4, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 1179 , Sec. 2, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 1179 , Sec. 3, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 647 , Sec. 1, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 693 , Sec. 2, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 693 , Sec. 3(1), eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 693 , Sec. 3(2), eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 921 , Sec. 17.001(62), eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1048 , Sec. 3, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1214 , Sec. 1, eff. June 15, 2007. Acts 2007, 80th Leg., R.S., Ch. 1222 , Sec. 6, eff. June 15, 2007. Acts 2009, 81st Leg., R.S., Ch. 87 , Sec. 19.004, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 299 , Sec. 1, eff. June 19, 2009. Acts 2009, 81st Leg., R.S., Ch. 794 , Sec. 4, eff. June 19, 2009. Acts 2009, 81st Leg., R.S., Ch. 1146 , Sec. 4B.22, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 679 , Sec. 2, eff. September 1, 2011. Acts 2011, 82nd Leg., 1st C.S., Ch. 3 , Sec. 13.02, eff. September 28, 2011.