| 1 | 1 | | 85R2618 AJZ-D |
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| 2 | 2 | | By: Davis of Harris H.B. No. 1153 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the offense involving the carrying of handguns by |
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| 8 | 8 | | license holders on the premises of state hospitals and state |
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| 9 | 9 | | supported living centers. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 411.204, Government Code, is amended by |
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| 12 | 12 | | amending Subsection (b) and adding Subsection (f) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (b) A hospital licensed under Chapter 241, Health and Safety |
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| 15 | 15 | | Code, [or] a nursing facility [home] licensed under Chapter 242, |
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| 16 | 16 | | Health and Safety Code, a state hospital, or a state supported |
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| 17 | 17 | | living center shall prominently display at each entrance to the |
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| 18 | 18 | | hospital, facility [or nursing home], or center, as appropriate, a |
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| 19 | 19 | | sign that complies with the requirements of Subsection (c) other |
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| 20 | 20 | | than the requirement that the sign include on its face the number |
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| 21 | 21 | | "51". |
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| 22 | 22 | | (f) In this section: |
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| 23 | 23 | | (1) "State hospital" has the meaning assigned by |
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| 24 | 24 | | Section 552.0011, Health and Safety Code. |
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| 25 | 25 | | (2) "State supported living center" has the meaning |
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| 26 | 26 | | assigned by Section 531.002, Health and Safety Code. |
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| 27 | 27 | | SECTION 2. Section 46.035, Penal Code, is amended by |
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| 28 | 28 | | amending Subsections (b) and (i) and adding Subsection (i-1) to |
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| 29 | 29 | | read as follows: |
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| 30 | 30 | | (b) A license holder commits an offense if the license |
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| 31 | 31 | | holder intentionally, knowingly, or recklessly carries a handgun |
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| 32 | 32 | | under the authority of Subchapter H, Chapter 411, Government Code, |
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| 33 | 33 | | regardless of whether the handgun is concealed or carried in a |
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| 34 | 34 | | shoulder or belt holster, on or about the license holder's person: |
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| 35 | 35 | | (1) on the premises of a business that has a permit or |
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| 36 | 36 | | license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
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| 37 | 37 | | Beverage Code, if the business derives 51 percent or more of its |
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| 38 | 38 | | income from the sale or service of alcoholic beverages for |
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| 39 | 39 | | on-premises consumption, as determined by the Texas Alcoholic |
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| 40 | 40 | | Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
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| 41 | 41 | | (2) on the premises where a high school, collegiate, |
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| 42 | 42 | | or professional sporting event or interscholastic event is taking |
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| 43 | 43 | | place, unless the license holder is a participant in the event and a |
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| 44 | 44 | | handgun is used in the event; |
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| 45 | 45 | | (3) on the premises of a correctional facility; |
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| 46 | 46 | | (4) on the premises of a hospital licensed under |
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| 47 | 47 | | Chapter 241, Health and Safety Code, [or on the premises of] a |
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| 48 | 48 | | nursing facility licensed under Chapter 242, Health and Safety |
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| 49 | 49 | | Code, a state hospital, or a state supported living center unless |
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| 50 | 50 | | the license holder has written authorization of the administration |
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| 51 | 51 | | of the hospital, [or nursing] facility, or center [administration], |
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| 52 | 52 | | as appropriate; |
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| 53 | 53 | | (5) in an amusement park; or |
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| 54 | 54 | | (6) on the premises of a church, synagogue, or other |
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| 55 | 55 | | established place of religious worship. |
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| 56 | 56 | | (i) Subsections [(b)(4),] (b)(5), (b)(6), and (c) do not |
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| 57 | 57 | | apply if the actor was not given effective notice under Section |
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| 58 | 58 | | 30.06 or 30.07. |
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| 59 | 59 | | (i-1) Subsection (b)(4) does not apply if the actor was not |
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| 60 | 60 | | given effective notice under Section 30.06 or 30.07 or under |
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| 61 | 61 | | Section 411.204, Government Code. |
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| 62 | 62 | | SECTION 3. Section 46.035(f), Penal Code, is amended by |
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| 63 | 63 | | adding Subdivisions (4) and (5) to read as follows: |
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| 64 | 64 | | (4) "State hospital" has the meaning assigned by |
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| 65 | 65 | | Section 552.0011, Health and Safety Code. |
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| 66 | 66 | | (5) "State supported living center" has the meaning |
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| 67 | 67 | | assigned by Section 531.002, Health and Safety Code. |
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| 68 | 68 | | SECTION 4. The change in law made by this Act applies only |
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| 69 | 69 | | to an offense committed on or after the effective date of this Act. |
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| 70 | 70 | | An offense committed before the effective date of this Act is |
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| 71 | 71 | | governed by the law in effect on the date the offense was committed, |
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| 72 | 72 | | and the former law is continued in effect for that purpose. For |
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| 73 | 73 | | purposes of this section, an offense was committed before the |
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| 74 | 74 | | effective date of this Act if any element of the offense occurred |
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| 75 | 75 | | before that date. |
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| 76 | 76 | | SECTION 5. This Act takes effect September 1, 2017. |
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