Texas Penal code 46.02 prohibits carrying unless you are on your own property, enroute to your vehicle, or in your vehicle. If in your vehicle the weapon must be concealed.
UNLESS you are "traveling".
Penal Code 46.15(b)(3) states that 46.02 does not apply if you are "traveling".
Below are the pertinent laws.
"PC 46.02. UNLAWFUL CARRYING WEAPONS. (a) 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-I) 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 .O1"
and
"PC $46.1 5. NONAPPLICABILTTY. (a) Sections 46.02 and 46.03 do not apply to a person who:
...
(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;
(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;
..."
(6) is carrying a concealed handgun and a valid license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category as the handgun the person is carrying;
That doesn't mean that a LEO would not arrest you and let a judge sort it out, because as you can see by the other posts in this thread, it is a common misconception that open carry is not allowed.
One problem is that there is no definition of traveling. You will hear many uninformed people state "You must be crossing a county line", or "going 3 counties away", or "also carrying luggage", etc. None of these are correct. So it is up to each jurisdiction (each local judge) to decide what their definition of traveling is.
DISCLAIMER: I am not an attorney and do not claim the above is correct. You should read the Texas Penal Codes and come to your own conclusion.
