84R1891 AJZ-D
By: Springer H.B. No. 695
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of a concealed handgun by the holder of a
concealed handgun license on hospital or nursing home premises;
authorizing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 411, Government Code, is
amended by adding Section 411.2031 to read as follows:
Sec. 411.2031. CARRYING OF HANDGUN BY LICENSE HOLDER ON
PRIVATE HOSPITAL OR NURSING HOME PREMISES. (a) For the purposes of
this section:
(1) "Commissioned security officer" has the meaning
assigned by Section 1702.002(5), Occupations Code.
(2) "Premises" has the meaning assigned by Section
46.035, Penal Code.
(3) "Private hospital" means a privately owned
hospital licensed under Chapter 241, Health and Safety Code.
(4) "Private nursing home" means a privately owned
nursing home licensed under Chapter 242, Health and Safety Code.
(b) Except as provided by Subsection (c), a private hospital
or nursing home may not adopt any rule, regulation, or other
provision prohibiting a license holder from carrying a handgun on
the premises of the hospital or nursing home.
(c) A private hospital or nursing home may adopt rules,
regulations, or other provisions prohibiting a license holder from
carrying a handgun on premises that are owned or leased and operated
by the hospital or nursing home only if the hospital or nursing
home:
(1) stations a commissioned security officer, who is
wearing the officer's uniform and carrying the officer's weapon in
plain view, at each entrance to the hospital or nursing home; and
(2) gives effective notice under Section 30.06, Penal
Code.
(d) The Department of State Health Services may assess an
administrative penalty under Subchapter C, Chapter 241, Health and
Safety Code, or Subchapter C, Chapter 242, Health and Safety Code,
for a violation of this section.
SECTION 2. Section 30.06(c), Penal Code, is amended by
adding Subdivisions (4) and (5) to read as follows:
(4) "Hospital" means a facility licensed under Chapter
241, Health and Safety Code.
(5) "Nursing home" means a facility licensed under
Chapter 242, Health and Safety Code.
SECTION 3. Section 30.06, Penal Code, is amended by
amending Subsection (e) and adding Subsection (f) to read as
follows:
(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity, including a public
hospital or nursing home, and is not a premises or other place on
which the license holder is prohibited from carrying the handgun
under Section 46.03 or 46.035.
(f) It is an exception to the application of this section
that the property on which the license holder carries a handgun is a
private hospital or nursing home and the hospital or nursing home
has not:
(1) stationed a commissioned security officer at each
entrance to the hospital or nursing home, as required by Section
411.2031, Government Code; or
(2) given effective notice under this section.
SECTION 4. Sections 46.035(b) and (i), 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;
(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 has written authorization of the hospital or nursing
home administration, as appropriate;
[(5)] in an amusement park; or
(5) [(6)] on the premises of a church, synagogue, or
other established place of religious worship.
(i) Subsections (b)(4), (b)(5), [(b)(6),] and (c) do not
apply if the actor was not given effective notice under Section
30.06.
SECTION 5. 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), (4), and (5) [(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 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, 2015.