1 | 1 | | 84R6749 AJZ-F |
---|
2 | 2 | | By: Burton S.B. No. 1110 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to the carrying of concealed handguns by certain license |
---|
8 | 8 | | holders on certain locations associated with a public or private |
---|
9 | 9 | | school or educational institution. |
---|
10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
11 | 11 | | SECTION 1. Section 46.03, Penal Code, is amended by |
---|
12 | 12 | | amending Subsection (a) and adding Subsection (b-1) to read as |
---|
13 | 13 | | follows: |
---|
14 | 14 | | (a) A person commits an offense if the person intentionally, |
---|
15 | 15 | | knowingly, or recklessly possesses or goes with a firearm, illegal |
---|
16 | 16 | | knife, club, or prohibited weapon listed in Section 46.05(a): |
---|
17 | 17 | | (1) unless pursuant to written regulations or written |
---|
18 | 18 | | authorization of a school or educational institution, regardless of |
---|
19 | 19 | | whether the school or educational institution is public or private, |
---|
20 | 20 | | on: |
---|
21 | 21 | | (A) the physical premises of the [a] school or |
---|
22 | 22 | | educational institution; |
---|
23 | 23 | | (B) [,] any grounds or building on which an |
---|
24 | 24 | | activity sponsored by the [a] school or educational institution is |
---|
25 | 25 | | being conducted; [,] or |
---|
26 | 26 | | (C) a passenger transportation vehicle of the [a] |
---|
27 | 27 | | school or educational institution[, whether the school or |
---|
28 | 28 | | educational institution is public or private, unless pursuant to |
---|
29 | 29 | | written regulations or written authorization of the institution]; |
---|
30 | 30 | | (2) on the premises of a polling place on the day of an |
---|
31 | 31 | | election or while early voting is in progress; |
---|
32 | 32 | | (3) on the premises of any government court or offices |
---|
33 | 33 | | utilized by the court, unless pursuant to written regulations or |
---|
34 | 34 | | written authorization of the court; |
---|
35 | 35 | | (4) on the premises of a racetrack; |
---|
36 | 36 | | (5) in or into a secured area of an airport; or |
---|
37 | 37 | | (6) within 1,000 feet of premises the location of |
---|
38 | 38 | | which is designated by the Texas Department of Criminal Justice as a |
---|
39 | 39 | | place of execution under Article 43.19, Code of Criminal Procedure, |
---|
40 | 40 | | on a day that a sentence of death is set to be imposed on the |
---|
41 | 41 | | designated premises and the person received notice that: |
---|
42 | 42 | | (A) going within 1,000 feet of the premises with |
---|
43 | 43 | | a weapon listed under this subsection was prohibited; or |
---|
44 | 44 | | (B) possessing a weapon listed under this |
---|
45 | 45 | | subsection within 1,000 feet of the premises was prohibited. |
---|
46 | 46 | | (b-1) It is a defense to prosecution under Subsection |
---|
47 | 47 | | (a)(1)(B) that at the time of the commission of the offense: |
---|
48 | 48 | | (1) the actor was carrying a handgun under the |
---|
49 | 49 | | authority of Subchapter H, Chapter 411, Government Code, and no |
---|
50 | 50 | | other weapon to which this section applies; |
---|
51 | 51 | | (2) the actor was not otherwise prohibited from |
---|
52 | 52 | | carrying the handgun under another provision of this code or other |
---|
53 | 53 | | law; |
---|
54 | 54 | | (3) the activity sponsored by the school or |
---|
55 | 55 | | educational institution was a field trip; and |
---|
56 | 56 | | (4) the actor was not a student, teacher, school or |
---|
57 | 57 | | school district administrator, or chaperone taking the field trip. |
---|
58 | 58 | | SECTION 2. The change in law made by this Act applies only |
---|
59 | 59 | | to an offense committed on or after the effective date of this Act. |
---|
60 | 60 | | An offense committed before the effective date of this Act is |
---|
61 | 61 | | governed by the law in effect on the date the offense was committed, |
---|
62 | 62 | | and the former law is continued in effect for that purpose. For |
---|
63 | 63 | | purposes of this section, an offense was committed before the |
---|
64 | 64 | | effective date of this Act if any element of the offense occurred |
---|
65 | 65 | | before that date. |
---|
66 | 66 | | SECTION 3. This Act takes effect September 1, 2015. |
---|