Sec. 411.207. AUTHORITY OF PEACE OFFICER TO DISARM. (a) A peace officer who is acting in the lawful discharge of the officer's official duties may disarm a license holder at any time the officer reasonably believes it is necessary for the protection of the license holder, officer, or another individual. The peace officer shall return the handgun to the license holder before discharging the license holder from the scene if the officer determines that the license holder is not a threat to the officer, license holder, or another individual and if the license holder has not violated any provision of this subchapter or committed any other violation that results in the arrest of the license holder.
(b) A peace officer who is acting in the lawful discharge of the officer's official duties may temporarily disarm a license holder when a license holder enters a nonpublic, secure portion of a law enforcement facility, if the law enforcement agency provides a gun locker where the peace officer can secure the license holder's handgun. The peace officer shall secure the handgun in the locker and shall return the handgun to the license holder immediately after the license holder leaves the nonpublic, secure portion of the law enforcement facility.
(c) A law enforcement facility shall prominently display at each entrance to a nonpublic, secure portion of the facility a sign that gives notice in both English and Spanish that, under this section, a peace officer may temporarily disarm a license holder when the license holder enters the nonpublic, secure portion of the facility. The sign must appear in contrasting colors with block letters at least one inch in height. The sign shall be displayed in a clearly visible and conspicuous manner.
(d) In this section:
(1) "Law enforcement facility" means a building or a portion of a building used exclusively by a law enforcement agency that employs peace officers as described by Articles 2.12(1) and (3), Code of Criminal Procedure, and support personnel to conduct the official business of the agency. The term does not include:
(A) any portion of a building not actively used exclusively to conduct the official business of the agency; or
(B) any public or private driveway, street, sidewalk, walkway, parking lot, parking garage, or other parking area.
(2) "Nonpublic, secure portion of a law enforcement facility" means that portion of a law enforcement facility to which the general public is denied access without express permission and to which access is granted solely to conduct the official business of the law enforcement agency.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 10.01(a), eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 572 (S.B. 1709), Sec. 1, eff. September 1, 2007.
Structure Texas Statutes
Subtitle B - Law Enforcement and Public Protection
Chapter 411 - Department of Public Safety of the State of Texas
Subchapter H. License to Carry a Handgun
Section 411.1711. Certain Exemptions From Convictions
Section 411.173. Nonresident License
Section 411.1735. Protective Order Designation
Section 411.1741. Voluntary Contribution to Fund for Veterans' Assistance
Section 411.175. Procedures for Submitting Fingerprints
Section 411.176. Review of Application Materials
Section 411.177. Issuance or Denial of License
Section 411.178. Notice to Local Law Enforcement
Section 411.179. Form of License
Section 411.180. Notification of Denial, Revocation, or Suspension of License; Review
Section 411.181. Notice of Change of Information; Duplicate License
Section 411.184. At-Risk Designation
Section 411.184. Training Course for Certain First Responders
Section 411.185. License Renewal Procedure
Section 411.187. Suspension of License
Section 411.1871. Notice of Suspension or Revocation of Certain Licenses
Section 411.188. Handgun Proficiency Requirement
Section 411.1881. Exemption From Instruction for Certain Persons
Section 411.1882. Evidence of Handgun Proficiency for Certain Persons
Section 411.190. Qualified Handgun Instructors and Approved Online Course Providers
Section 411.1901. School Safety Certification for Qualified Handgun Instructors
Section 411.192. Confidentiality of Records
Section 411.193. Statistical Report
Section 411.194. Reduction of Certain Fees Due to Indigency
Section 411.195. Reduction of Certain Fees for Senior Citizens
Section 411.1951. Waiver or Reduction of Fees for Members or Veterans of United States Armed Forces
Section 411.196. Method of Payment
Section 411.198. Law Enforcement Officer Alias Handgun License
Section 411.199. Honorably Retired Peace Officers
Section 411.1991. Peace Officers
Section 411.1992. Former Reserve Law Enforcement Officers
Section 411.1993. County Jailers
Section 411.1994. State Correctional Officers
Section 411.200. Application to Licensed Security Officers
Section 411.201. Active and Retired Judicial Officers
Section 411.202. License a Benefit
Section 411.203. Rights of Employers
Section 411.2031. Carrying of Handguns by License Holders on Certain Campuses
Section 411.204. Notice Required on Certain Premises
Section 411.205. Requirement to Display License
Section 411.206. Seizure of Handgun and License
Section 411.207. Authority of Peace Officer to Disarm
Section 411.208. Limitation of Liability
Section 411.209. Wrongful Exclusion of Handgun License Holder