85R2529 KJE-D
By: Anchia H.B. No. 255
A BILL TO BE ENTITLED
AN ACT
relating to the offense involving the carrying of handguns by
license holders on the premises or property of certain recreational
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 46.035(b) and (i), Penal Code, are
amended to read as follows:
(b) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed or carried in a
shoulder or belt holster, on or about the license holder's person:
(1) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
facility licensed under Chapter 242, Health and Safety Code, unless
the license holder has written authorization of the hospital or
nursing facility administration, as appropriate;
(5) in an amusement park; [or]
(6) on the premises of a church, synagogue, or other
established place of religious worship; or
(7) regardless of whether the facility is enclosed and
if the facility is not a premises on which an event is occurring as
described by Subdivision (2), on the premises or property of an
indoor or outdoor arena, stadium, golf course, automobile
racetrack, amphitheater, auditorium, theater, museum, zoo, civic
center, or convention center, unless the license holder is a
participant in an event conducted at the facility and a handgun is
used in the event.
(i) Subsections (b)(4), (b)(5), (b)(6), (b)(7), and (c) do
not apply if the actor was not given effective notice under Section
30.06 or 30.07.
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, 2017.