By: Isaac H.B. No. 2381
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of a concealed handgun by a license holder
on certain premises.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.06, Penal Code, is amended by adding
Subsection (f) to read as follows:
(f) Notice given under this section at a meeting of a
governmental entity must be limited to the room or rooms where the
meeting is being held.
SECTION 2. Section 46.03, Penal Code, is amended by
amending Subsections (a) and (f) and adding Subsection (f-1) to
read as follows:
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly possesses or goes with a firearm, illegal
knife, club, or prohibited weapon listed in Section 46.05(a):
(1) unless pursuant to written regulations or written
authorization of a school or educational institution, regardless of
whether the school or educational institution is public or private,
on:
(A) the [physical] premises of the [a] school or
educational institution on a day when classes are in session and
students are present;
(B) [,] any grounds [or building] on which an
activity sponsored by the [a] school or educational institution is
being conducted and which is owned by or under the control of the
school or educational institution, while students are present; [,]
or
(C) a passenger transportation vehicle owned by
or under the control of the [a] school or educational institution,
while students are present [, whether the school or educational
institution is public or private, unless pursuant to written
regulations or written authorization of the institution];
(2) on the premises of a polling place on the day of an
election or while early voting is in progress;
(3) on the premises of any government court or offices
utilized by the court, unless pursuant to written regulations or
written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of
which is designated by the Texas Department of Criminal Justice as a
place of execution under Article 43.19, Code of Criminal Procedure,
on a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with
a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this
subsection within 1,000 feet of the premises was prohibited.
(f) It is not a defense to prosecution for an offense under
Subsection (a)(1), (3), (5), or (6) [this section] that the actor
possessed or carried a handgun that the actor [and] was licensed to
carry [a concealed handgun] under Subchapter H, Chapter 411,
Government Code. It is an exception to the application of
Subsection (a)(2) or (4) that the actor possessed or carried a
handgun that the actor was licensed to carry under that subchapter.
(f-1) It is an exception to the application of Subsections
(a)(1)(A) and (C) that the actor:
(1) possessed or carried a handgun that the actor was
licensed to carry under Subchapter H, Chapter 411, Government Code;
(2) was not otherwise prohibited from possessing or
carrying the handgun under Section 46.035 or this section; and
(3) possessed or carried the handgun on the premises,
or passenger transportation vehicle during a time when:
(A) no activities sponsored by the school or
educational institution that owned or leased the premises or
passenger transportation vehicle were being conducted; and
(B) the premises, grounds, building, or
passenger transportation vehicle was temporarily being used by an
entity other than a school or educational institution.
SECTION 3. Sections 46.035(b) and (c), Penal Code, are
amended to read as follows:
(b) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, on or about the
license holder's person:
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event;
(3) on the premises of a correctional facility; or
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder:
(A) has written authorization of the hospital or
nursing home administration, as appropriate; or
(B) has not received effective notice under
Section 30.06
[(5) in an amusement park; or
[(6) on the premises of a church, synagogue, or
other established place of religious worship].
(c) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, in the room or rooms
where a [at any] meeting of a governmental entity is held, unless:
(1) the meeting is not subject to Chapter 551, Government
Code; or
(2) the license holder has not received effective notice
under Section 30.06.
SECTION 4. Section 46.035(h-1), Penal Code, as added by
Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(h-1) It is a defense to prosecution under Subsections
(b)(1), (2), and (4) [(4)-(6)], and (c) that at the time of the
commission of the offense, the actor was:
(1) a judge or justice of a federal court;
(2) an active judicial officer, as defined by Section
411.201, Government Code; or
(3) a district attorney, assistant district attorney,
criminal district attorney, assistant criminal district attorney,
county attorney, or assistant county attorney.
SECTION 5. Sections 46.035(f)(1) and (i), Penal Code, are
repealed.
SECTION 6. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 7. This Act takes effect September 1, 2013.