| 1 | 1 | | 85R15569 KJE-F |
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| 2 | 2 | | By: Creighton, et al. S.B. No. 349 |
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| 3 | 3 | | (Metcalf) |
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| 4 | 4 | | Substitute the following for S.B. No. 349: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the prosecution of the offense of possessing a weapon in |
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| 10 | 10 | | certain prohibited places associated with schools or postsecondary |
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| 11 | 11 | | educational institutions. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 46.03(a), Penal Code, is amended to read |
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| 14 | 14 | | as follows: |
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| 15 | 15 | | (a) A person commits an offense if the person intentionally, |
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| 16 | 16 | | knowingly, or recklessly possesses or goes with a firearm, illegal |
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| 17 | 17 | | knife, club, or prohibited weapon listed in Section 46.05(a): |
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| 18 | 18 | | (1) on the [physical] premises of a school or |
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| 19 | 19 | | postsecondary educational institution, on any grounds or building |
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| 20 | 20 | | owned by and under the control of a school or postsecondary |
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| 21 | 21 | | educational institution and on which an activity sponsored by the |
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| 22 | 22 | | [a] school or [educational] institution is being conducted, or in a |
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| 23 | 23 | | passenger transportation vehicle of a school or postsecondary |
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| 24 | 24 | | educational institution, whether the school or postsecondary |
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| 25 | 25 | | educational institution is public or private, unless: |
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| 26 | 26 | | (A) pursuant to written regulations or written |
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| 27 | 27 | | authorization of the school or institution; or |
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| 28 | 28 | | (B) the person possesses or goes with a concealed |
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| 29 | 29 | | handgun that the person is licensed to carry under Subchapter H, |
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| 30 | 30 | | Chapter 411, Government Code, and no other weapon to which this |
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| 31 | 31 | | section applies, on the premises of a postsecondary educational |
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| 32 | 32 | | institution [an institution of higher education or private or |
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| 33 | 33 | | independent institution of higher education], on any grounds or |
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| 34 | 34 | | building owned by and under the control of the institution and on |
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| 35 | 35 | | which an activity sponsored by the institution is being conducted, |
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| 36 | 36 | | or in a passenger transportation vehicle of the institution; |
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| 37 | 37 | | (2) on the premises of a polling place on the day of an |
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| 38 | 38 | | election or while early voting is in progress; |
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| 39 | 39 | | (3) on the premises of any government court or offices |
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| 40 | 40 | | utilized by the court, unless pursuant to written regulations or |
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| 41 | 41 | | written authorization of the court; |
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| 42 | 42 | | (4) on the premises of a racetrack; |
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| 43 | 43 | | (5) in or into a secured area of an airport; or |
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| 44 | 44 | | (6) within 1,000 feet of premises the location of |
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| 45 | 45 | | which is designated by the Texas Department of Criminal Justice as a |
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| 46 | 46 | | place of execution under Article 43.19, Code of Criminal Procedure, |
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| 47 | 47 | | on a day that a sentence of death is set to be imposed on the |
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| 48 | 48 | | designated premises and the person received notice that: |
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| 49 | 49 | | (A) going within 1,000 feet of the premises with |
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| 50 | 50 | | a weapon listed under this subsection was prohibited; or |
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| 51 | 51 | | (B) possessing a weapon listed under this |
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| 52 | 52 | | subsection within 1,000 feet of the premises was prohibited. |
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| 53 | 53 | | SECTION 2. Section 46.03(c), Penal Code, is amended by |
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| 54 | 54 | | adding Subdivisions (1-a) and (2-a) to read as follows: |
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| 55 | 55 | | (1-a) "Postsecondary educational institution" means |
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| 56 | 56 | | an institution of higher education or a private or independent |
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| 57 | 57 | | institution of higher education. |
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| 58 | 58 | | (2-a) "School" means an accredited primary or |
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| 59 | 59 | | secondary school. |
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| 60 | 60 | | SECTION 3. The change in law made by this Act applies only |
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| 61 | 61 | | to an offense committed on or after the effective date of this Act. |
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| 62 | 62 | | An offense committed before the effective date of this Act is |
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| 63 | 63 | | governed by the law in effect on the date the offense was committed, |
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| 64 | 64 | | and the former law is continued in effect for that purpose. For |
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| 65 | 65 | | purposes of this section, an offense was committed before the |
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| 66 | 66 | | effective date of this Act if any element of the offense occurred |
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| 67 | 67 | | before that date. |
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| 68 | 68 | | SECTION 4. This Act takes effect September 1, 2017. |
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