| 1 | 1 | | 85R2529 KJE-D |
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| 2 | 2 | | By: Anchia H.B. No. 255 |
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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 or property of certain recreational |
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| 9 | 9 | | facilities. |
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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. Sections 46.035(b) and (i), Penal Code, are |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (b) A license holder commits an offense if the license |
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| 14 | 14 | | holder intentionally, knowingly, or recklessly carries a handgun |
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| 15 | 15 | | under the authority of Subchapter H, Chapter 411, Government Code, |
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| 16 | 16 | | regardless of whether the handgun is concealed or carried in a |
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| 17 | 17 | | shoulder or belt holster, on or about the license holder's person: |
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| 18 | 18 | | (1) on the premises of a business that has a permit or |
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| 19 | 19 | | license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
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| 20 | 20 | | Beverage Code, if the business derives 51 percent or more of its |
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| 21 | 21 | | income from the sale or service of alcoholic beverages for |
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| 22 | 22 | | on-premises consumption, as determined by the Texas Alcoholic |
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| 23 | 23 | | Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
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| 24 | 24 | | (2) on the premises where a high school, collegiate, |
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| 25 | 25 | | or professional sporting event or interscholastic event is taking |
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| 26 | 26 | | place, unless the license holder is a participant in the event and a |
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| 27 | 27 | | handgun is used in the event; |
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| 28 | 28 | | (3) on the premises of a correctional facility; |
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| 29 | 29 | | (4) on the premises of a hospital licensed under |
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| 30 | 30 | | Chapter 241, Health and Safety Code, or on the premises of a nursing |
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| 31 | 31 | | facility licensed under Chapter 242, Health and Safety Code, unless |
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| 32 | 32 | | the license holder has written authorization of the hospital or |
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| 33 | 33 | | nursing facility administration, as appropriate; |
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| 34 | 34 | | (5) in an amusement park; [or] |
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| 35 | 35 | | (6) on the premises of a church, synagogue, or other |
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| 36 | 36 | | established place of religious worship; or |
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| 37 | 37 | | (7) regardless of whether the facility is enclosed and |
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| 38 | 38 | | if the facility is not a premises on which an event is occurring as |
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| 39 | 39 | | described by Subdivision (2), on the premises or property of an |
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| 40 | 40 | | indoor or outdoor arena, stadium, golf course, automobile |
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| 41 | 41 | | racetrack, amphitheater, auditorium, theater, museum, zoo, civic |
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| 42 | 42 | | center, or convention center, unless the license holder is a |
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| 43 | 43 | | participant in an event conducted at the facility and a handgun is |
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| 44 | 44 | | used in the event. |
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| 45 | 45 | | (i) Subsections (b)(4), (b)(5), (b)(6), (b)(7), and (c) do |
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| 46 | 46 | | not apply if the actor was not given effective notice under Section |
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| 47 | 47 | | 30.06 or 30.07. |
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| 48 | 48 | | SECTION 2. The change in law made by this Act applies only |
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| 49 | 49 | | to an offense committed on or after the effective date of this Act. |
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| 50 | 50 | | An offense committed before the effective date of this Act is |
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| 51 | 51 | | governed by the law in effect on the date the offense was committed, |
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| 52 | 52 | | and the former law is continued in effect for that purpose. For |
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| 53 | 53 | | purposes of this section, an offense was committed before the |
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| 54 | 54 | | effective date of this Act if any element of the offense occurred |
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| 55 | 55 | | before that date. |
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| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2017. |
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