Texas 2015 - 84th Regular

Texas House Bill HB695 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1891 AJZ-D
2	2	By: Springer H.B. No. 695
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the carrying of a concealed handgun by the holder of a
8	8	concealed handgun license on hospital or nursing home premises;
9	9	authorizing a penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter H, Chapter 411, Government Code, is
12	12	amended by adding Section 411.2031 to read as follows:
13	13	Sec. 411.2031. CARRYING OF HANDGUN BY LICENSE HOLDER ON
14	14	PRIVATE HOSPITAL OR NURSING HOME PREMISES. (a) For the purposes of
15	15	this section:
16	16	(1) "Commissioned security officer" has the meaning
17	17	assigned by Section 1702.002(5), Occupations Code.
18	18	(2) "Premises" has the meaning assigned by Section
19	19	46.035, Penal Code.
20	20	(3) "Private hospital" means a privately owned
21	21	hospital licensed under Chapter 241, Health and Safety Code.
22	22	(4) "Private nursing home" means a privately owned
23	23	nursing home licensed under Chapter 242, Health and Safety Code.
24	24	(b) Except as provided by Subsection (c), a private hospital
25	25	or nursing home may not adopt any rule, regulation, or other
26	26	provision prohibiting a license holder from carrying a handgun on
27	27	the premises of the hospital or nursing home.
28	28	(c) A private hospital or nursing home may adopt rules,
29	29	regulations, or other provisions prohibiting a license holder from
30	30	carrying a handgun on premises that are owned or leased and operated
31	31	by the hospital or nursing home only if the hospital or nursing
32	32	home:
33	33	(1) stations a commissioned security officer, who is
34	34	wearing the officer's uniform and carrying the officer's weapon in
35	35	plain view, at each entrance to the hospital or nursing home; and
36	36	(2) gives effective notice under Section 30.06, Penal
37	37	Code.
38	38	(d) The Department of State Health Services may assess an
39	39	administrative penalty under Subchapter C, Chapter 241, Health and
40	40	Safety Code, or Subchapter C, Chapter 242, Health and Safety Code,
41	41	for a violation of this section.
42	42	SECTION 2. Section 30.06(c), Penal Code, is amended by
43	43	adding Subdivisions (4) and (5) to read as follows:
44	44	(4) "Hospital" means a facility licensed under Chapter
45	45	241, Health and Safety Code.
46	46	(5) "Nursing home" means a facility licensed under
47	47	Chapter 242, Health and Safety Code.
48	48	SECTION 3. Section 30.06, Penal Code, is amended by
49	49	amending Subsection (e) and adding Subsection (f) to read as
50	50	follows:
51	51	(e) It is an exception to the application of this section
52	52	that the property on which the license holder carries a handgun is
53	53	owned or leased by a governmental entity, including a public
54	54	hospital or nursing home, and is not a premises or other place on
55	55	which the license holder is prohibited from carrying the handgun
56	56	under Section 46.03 or 46.035.
57	57	(f) It is an exception to the application of this section
58	58	that the property on which the license holder carries a handgun is a
59	59	private hospital or nursing home and the hospital or nursing home
60	60	has not:
61	61	(1) stationed a commissioned security officer at each
62	62	entrance to the hospital or nursing home, as required by Section
63	63	411.2031, Government Code; or
64	64	(2) given effective notice under this section.
65	65	SECTION 4. Sections 46.035(b) and (i), Penal Code, are
66	66	amended to read as follows:
67	67	(b) A license holder commits an offense if the license
68	68	holder intentionally, knowingly, or recklessly carries a handgun
69	69	under the authority of Subchapter H, Chapter 411, Government Code,
70	70	regardless of whether the handgun is concealed, on or about the
71	71	license holder's person:
72	72	(1) on the premises of a business that has a permit or
73	73	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
74	74	Beverage Code, if the business derives 51 percent or more of its
75	75	income from the sale or service of alcoholic beverages for
76	76	on-premises consumption, as determined by the Texas Alcoholic
77	77	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
78	78	(2) on the premises where a high school, collegiate,
79	79	or professional sporting event or interscholastic event is taking
80	80	place, unless the license holder is a participant in the event and a
81	81	handgun is used in the event;
82	82	(3) on the premises of a correctional facility;
83	83	(4) [on the premises of a hospital licensed under
84	84	Chapter 241, Health and Safety Code, or on the premises of a nursing
85	85	home licensed under Chapter 242, Health and Safety Code, unless the
86	86	license holder has written authorization of the hospital or nursing
87	87	home administration, as appropriate;
88	88	[(5)] in an amusement park; or
89	89	(5) [(6)] on the premises of a church, synagogue, or
90	90	other established place of religious worship.
91	91	(i) Subsections (b)(4), (b)(5), [(b)(6),] and (c) do not
92	92	apply if the actor was not given effective notice under Section
93	93	30.06.
94	94	SECTION 5. Section 46.035(h-1), Penal Code, as added by
95	95	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
96	96	Session, 2007, is amended to read as follows:
97	97	(h-1) It is a defense to prosecution under Subsections
98	98	(b)(1), (2), (4), and (5) [(4)-(6),] and (c) that at the time of the
99	99	commission of the offense, the actor was:
100	100	(1) a judge or justice of a federal court;
101	101	(2) an active judicial officer, as defined by Section
102	102	411.201, Government Code; or
103	103	(3) a district attorney, assistant district attorney,
104	104	criminal district attorney, assistant criminal district attorney,
105	105	county attorney, or assistant county attorney.
106	106	SECTION 6. The change in law made by this Act applies only
107	107	to an offense committed on or after the effective date of this Act.
108	108	An offense committed before the effective date of this Act is
109	109	governed by the law in effect on the date the offense was committed,
110	110	and the former law is continued in effect for that purpose. For
111	111	purposes of this section, an offense was committed before the
112	112	effective date of this Act if any element of the offense occurred
113	113	before that date.
114	114	SECTION 7. This Act takes effect September 1, 2015.