| 1 | 1 | | 85R428 JSC-D |
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| 2 | 2 | | By: Huberty H.B. No. 356 |
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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 carrying of concealed or holstered handguns by |
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| 8 | 8 | | certain handgun license holders attending a meeting of the board of |
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| 9 | 9 | | trustees of a school district or the governing body of an |
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| 10 | 10 | | open-enrollment charter school. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 46.03, Penal Code, is amended by adding |
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| 13 | 13 | | Subsection (j) to read as follows: |
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| 14 | 14 | | (j) It is a defense to prosecution under Subsection (a)(1) |
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| 15 | 15 | | that at the time of the commission of the offense the actor was: |
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| 16 | 16 | | (1) carrying in a concealed manner or in a shoulder or |
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| 17 | 17 | | belt holster a handgun that the person was licensed to carry under |
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| 18 | 18 | | Subchapter H, Chapter 411, Government Code; and |
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| 19 | 19 | | (2) attending a meeting of the board of trustees of a |
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| 20 | 20 | | school district or the governing body of an open-enrollment charter |
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| 21 | 21 | | school in an official capacity as: |
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| 22 | 22 | | (A) a member of the board or governing body; or |
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| 23 | 23 | | (B) the superintendent of the school district or |
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| 24 | 24 | | charter school or another person serving in a similar capacity. |
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| 25 | 25 | | SECTION 2. Section 46.035, Penal Code, is amended by adding |
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| 26 | 26 | | Subsection (m) to read as follows: |
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| 27 | 27 | | (m) It is a defense to prosecution under Subsection (c) that |
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| 28 | 28 | | at the time of the commission of the offense the actor was attending |
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| 29 | 29 | | a meeting of the board of trustees of a school district or the |
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| 30 | 30 | | governing body of an open-enrollment charter school in an official |
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| 31 | 31 | | capacity as: |
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| 32 | 32 | | (1) a member of the board or governing body; or |
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| 33 | 33 | | (2) the superintendent of the school district or |
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| 34 | 34 | | charter school or another person serving in a similar capacity. |
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| 35 | 35 | | SECTION 3. The change in law made by this Act applies only |
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| 36 | 36 | | to an offense committed on or after the effective date of this Act. |
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| 37 | 37 | | An offense committed before the effective date of this Act is |
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| 38 | 38 | | governed by the law in effect on the date the offense was committed, |
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| 39 | 39 | | and the former law is continued in effect for that purpose. For |
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| 40 | 40 | | purposes of this section, an offense was committed before the |
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| 41 | 41 | | effective date of this Act if any element of the offense occurred |
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| 42 | 42 | | before that date. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2017. |
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