A person commits an offense if the person intentionally,
knowingly, or recklessly carries on or about his or her person a handgun,
illegal knife, or club if the person is not:
(1) on the person's own
premises or premises under the person's control; or
(2) inside of or directly en route to a motor vehicle
that is owned by the person or under the person's control.
(a-1) A person commits an
offense if the person intentionally, knowingly, or recklessly carries on or
about his or her person a handgun in a motor vehicle that is owned by the
person or under the person's control at any time in which:
(1) the handgun is in
plain view; or
(2)
the person is:
(A) engaged in
criminal activity, other than a Class C misdemeanor that is a
violation of a law or ordinance regulating traffic;
(B) prohibited by law from possessing a firearm; or
(C) a member of a criminal street gang, as defined by
Section 71.01.
(a-2) For purposes of this
section, "premises" includes real property and a recreational vehicle that
is being used 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.
(b) Except as provided by Subsection (c), an offense under
this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third
degree if the offense is committed on any premises licensed or issued a
permit by this state for the sale of alcoholic beverages.
