85R7596 KJE-D
By: Cain H.B. No. 1915
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of possessing a weapon in
certain prohibited places associated with schools or educational
institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.03(a), Penal Code, is amended 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) on the [physical] premises of a school or
educational institution, on any grounds or building owned by and
under the control of a school or educational institution and on
which an activity sponsored by the [a] school or [educational]
institution is being conducted, or in a passenger transportation
vehicle of a school or educational institution, whether the school
or educational institution is public or private, unless:
(A) pursuant to written regulations or written
authorization of the school or institution; or
(B) the person possesses or goes with a concealed
handgun that the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, and no other weapon to which this
section applies, on the premises of an institution of higher
education or a private or independent institution of higher
education, on any grounds or building owned by and under the control
of the institution and on which an activity sponsored by the
institution is being conducted, or in a passenger transportation
vehicle 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.
SECTION 2. Section 46.03(c), Penal Code, is amended by
amending Subdivision (1) and adding Subdivisions (1-a) and (2-a) to
read as follows:
(1) "Educational institution" means:
(A) a regional education service center
established under Chapter 8, Education Code;
(B) an institution of higher education; or
(C) a private or independent institution of
higher education.
(1-a) "Institution of higher education" and "private
or independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
(2-a) "School" means an accredited primary or
secondary school.
SECTION 3. 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 4. This Act takes effect September 1, 2017.