What is the Penal Code?
Posted: Thu Jul 21, 2011 4:20 pm
Can someone direct me to the code about having to tell/show the officer you are chl?
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That's not in the Penal Code. It's in the Texas Government Code, I think, and the penalty was removed during a previous legislative session.Munk wrote:Can someone direct me to the code about having to tell/show the officer you are chl?
GC ยง411.205. REQUIREMENT TO DISPLAY LICENSE. (a) If a li- cense holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the li- cense holder's driver's license or identification certificate issued by the department and the license holder's handgun license.
Thanks! No wonder I couldn't seem to find it. What is the exact wording?tbrown wrote:That's not in the Penal Code. It's in the Texas Government Code, I think, and the penalty was removed during a previous legislative session.Munk wrote:Can someone direct me to the code about having to tell/show the officer you are chl?
Text from 2009 act:Sec. 411.205. REQUIREMENT TO DISPLAY LICENSE. If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.17(a), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146, Sec. 12A.02, eff. September 1, 2009.
SECTION 12A.02. Section 411.205, Government Code, is
amended to read as follows:
Sec. 411.205. REQUIREMENT TO DISPLAY [DISPLAYING]
LICENSE[; PENALTY]. [(a)] If a license holder is carrying a
handgun on or about the license holder's person when a magistrate or
a peace officer demands that the license holder display
identification, the license holder shall display both the license
holder's driver's license or identification certificate issued by
the department and the license holder's handgun license. [A person
who fails or refuses to display the license and identification as
required by this subsection is subject to suspension of the
person's license as provided by Section 411.187.
[(b) A person commits an offense if the person fails or
refuses to display the license and identification as required by
Subsection (a) after previously having had the person's license
suspended for a violation of that subsection. An offense under this
subsection is a Class B misdemeanor.]
Skiprr wrote:When in doubt, or when you want to research more (and possibly more recent) information than is available at the DPS Website, try: http://www.statutes.legis.state.tx.us/.
It was a quirk of the 2009 legislative session. As I recall, there was a bill to remove the requirement entirely, but it (and a lot of other good stuff) got tied up when fights over unrelated legislation stalled a number of bills. Gov Perry called a special session to finish up some things, and during that session a way to address the requirement-to-show was found, but for reasons I don't know/understand it was much easier to just remove the penalty than it was to remove the entire requirement.PracticalTactical wrote:If there's no penalty, why do they even have it in there still?