85R428 JSC-D
By: Huberty H.B. No. 356
A BILL TO BE ENTITLED
AN ACT
relating to the carrying of concealed or holstered handguns by
certain handgun license holders attending a meeting of the board of
trustees of a school district or the governing body of an
open-enrollment charter school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.03, Penal Code, is amended by adding
Subsection (j) to read as follows:
(j) It is a defense to prosecution under Subsection (a)(1)
that at the time of the commission of the offense the actor was:
(1) carrying in a concealed manner or in a shoulder or
belt holster a handgun that the person was licensed to carry under
Subchapter H, Chapter 411, Government Code; and
(2) attending a meeting of the board of trustees of a
school district or the governing body of an open-enrollment charter
school in an official capacity as:
(A) a member of the board or governing body; or
(B) the superintendent of the school district or
charter school or another person serving in a similar capacity.
SECTION 2. Section 46.035, Penal Code, is amended by adding
Subsection (m) to read as follows:
(m) It is a defense to prosecution under Subsection (c) that
at the time of the commission of the offense the actor was attending
a meeting of the board of trustees of a school district or the
governing body of an open-enrollment charter school in an official
capacity as:
(1) a member of the board or governing body; or
(2) the superintendent of the school district or
charter school or another person serving in a similar capacity.
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.