84R6749 AJZ-F
By: Burton S.B. No. 1110
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of concealed handguns by certain license
holders on certain locations associated with a public or private
school or educational institution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.03, Penal Code, is amended by
amending Subsection (a) and adding Subsection (b-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;
(B) [,] any grounds or building on which an
activity sponsored by the [a] school or educational institution is
being conducted; [,] or
(C) a passenger transportation vehicle of the [a]
school or educational institution[, 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.
(b-1) It is a defense to prosecution under Subsection
(a)(1)(B) that at the time of the commission of the offense:
(1) the actor was carrying a handgun under the
authority of Subchapter H, Chapter 411, Government Code, and no
other weapon to which this section applies;
(2) the actor was not otherwise prohibited from
carrying the handgun under another provision of this code or other
law;
(3) the activity sponsored by the school or
educational institution was a field trip; and
(4) the actor was not a student, teacher, school or
school district administrator, or chaperone taking the field trip.
SECTION 2. 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 3. This Act takes effect September 1, 2015.