85R20467 JRR-F
By: Frullo, Dutton, Kuempel, Moody, Springer, H.B. No. 1935
et al.
Substitute the following for H.B. No. 1935:
By: Moody C.S.H.B. No. 1935
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of certain knives.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.007(b), Education Code, is amended to
read as follows:
(b) A student may be expelled if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code;
(2) while on or within 300 feet of school property, as
measured from any point on the school's real property boundary
line, or while attending a school-sponsored or school-related
activity on or off of school property:
(A) sells, gives, or delivers to another person
or possesses, uses, or is under the influence of any amount of:
(i) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.;
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code; or
(iii) an alcoholic beverage, as defined by
Section 1.04, Alcoholic Beverage Code;
(B) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code;
(C) engages in conduct that contains the elements
of an offense under Section 22.01(a)(1), Penal Code, against a
school district employee or a volunteer as defined by Section
22.053; or
(D) engages in conduct that contains the elements
of the offense of deadly conduct under Section 22.05, Penal Code;
(3) subject to Subsection (d), while within 300 feet
of school property, as measured from any point on the school's real
property boundary line:
(A) engages in conduct specified by Subsection
(a); or
(B) possesses a firearm, as defined by 18 U.S.C.
Section 921;
(4) engages in conduct that contains the elements of
any offense listed in Subsection (a)(2)(A) or (C) or the offense of
aggravated robbery under Section 29.03, Penal Code, against another
student, without regard to whether the conduct occurs on or off of
school property or while attending a school-sponsored or
school-related activity on or off of school property; [or]
(5) engages in conduct that contains the elements of
the offense of breach of computer security under Section 33.02,
Penal Code, if:
(A) the conduct involves accessing a computer,
computer network, or computer system owned by or operated on behalf
of a school district; and
(B) the student knowingly:
(i) alters, damages, or deletes school
district property or information; or
(ii) commits a breach of any other
computer, computer network, or computer system; or
(6) while on school property or while attending a
school-sponsored or school-related activity on or off of school
property uses, exhibits, or possesses:
(A) a knife with a blade over five and one-half
inches;
(B) a hand instrument designed to cut or stab
another by being thrown;
(C) a dagger, including a dirk, stiletto, and
poniard;
(D) a bowie knife;
(E) a sword; or
(F) a spear.
SECTION 2. Section 52.031(a), Family Code, is amended to
read as follows:
(a) A juvenile board may establish a first offender program
under this section for the referral and disposition of children
taken into custody, or accused prior to the filing of a criminal
charge, of:
(1) conduct indicating a need for supervision;
(2) a Class C misdemeanor, other than a traffic
offense; or
(3) delinquent conduct other than conduct that
constitutes:
(A) a felony of the first, second, or third
degree, an aggravated controlled substance felony, or a capital
felony; or
(B) a state jail felony or misdemeanor involving
violence to a person or the use or possession of a firearm[, illegal
knife,] or club, as those terms are defined by Section 46.01, Penal
Code, or a prohibited weapon, as described by Section 46.05, Penal
Code.
SECTION 3. Section 53.01(d), Family Code, is amended to
read as follows:
(d) Unless the juvenile board approves a written procedure
proposed by the office of prosecuting attorney and chief juvenile
probation officer which provides otherwise, if it is determined
that the person is a child and, regardless of a finding of probable
cause, or a lack thereof, there is an allegation that the child
engaged in delinquent conduct of the grade of felony, or conduct
constituting a misdemeanor offense involving violence to a person
or the use or possession of a firearm[, illegal knife,] or club, as
those terms are defined by Section 46.01, Penal Code, or prohibited
weapon, as described by Section 46.05, Penal Code, the case shall be
promptly forwarded to the office of the prosecuting attorney,
accompanied by:
(1) all documents that accompanied the current
referral; and
(2) a summary of all prior referrals of the child to
the juvenile court, juvenile probation department, or a detention
facility.
SECTION 4. Section 46.02(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly carries
on or about his or her person a handgun[, illegal knife,] or club;
and
(2) [if the person] is not:
(A) [(1)] on the person's own premises or
premises under the person's control; or
(B) [(2)] inside of or directly en route to a
motor vehicle or watercraft that is owned by the person or under the
person's control.
SECTION 5. 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, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or 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 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 private or independent institution of higher
education, on any grounds or building 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 6. Section 46.06(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if the person:
(1) sells, rents, leases, loans, or gives a handgun to
any person knowing that the person to whom the handgun is to be
delivered intends to use it unlawfully or in the commission of an
unlawful act;
(2) intentionally or knowingly sells, rents, leases,
or gives or offers to sell, rent, lease, or give to any child
younger than 18 years of age any firearm or[,] club[, or illegal
knife];
(3) intentionally, knowingly, or recklessly sells a
firearm or ammunition for a firearm to any person who is
intoxicated;
(4) knowingly sells a firearm or ammunition for a
firearm to any person who has been convicted of a felony before the
fifth anniversary of the later of the following dates:
(A) the person's release from confinement
following conviction of the felony; or
(B) the person's release from supervision under
community supervision, parole, or mandatory supervision following
conviction of the felony;
(5) sells, rents, leases, loans, or gives a handgun to
any person knowing that an active protective order is directed to
the person to whom the handgun is to be delivered; or
(6) knowingly purchases, rents, leases, or receives as
a loan or gift from another a handgun while an active protective
order is directed to the actor.
SECTION 7. Sections 46.01(6) and 46.15(e), Penal Code, are
repealed.
SECTION 8. The changes in law made by this Act apply only to
an offense committed or conduct that occurs on or after the
effective date of this Act. An offense committed or conduct that
occurs before the effective date of this Act is governed by the law
in effect on the date the offense was committed or the conduct
occurred, and the former law is continued in effect for that
purpose. For purposes of this section, an offense is committed or
conduct occurs before the effective date of this Act if any element
of the offense or the conduct occurs before that date.
SECTION 9. This Act takes effect September 1, 2017.