Texas 2019 - 86th Regular

Texas House Bill HB1164 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R4861 KJE-D
2	2	By: Anchia H.B. No. 1164
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the offense involving the carrying of handguns by
8	8	license holders on the premises or property of certain recreational
9	9	facilities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 46.035(b) and (i), Penal Code, are
12	12	amended to read as follows:
13	13	(b) A license holder commits an offense if the license
14	14	holder intentionally, knowingly, or recklessly carries a handgun
15	15	under the authority of Subchapter H, Chapter 411, Government Code,
16	16	regardless of whether the handgun is concealed or carried in a
17	17	shoulder or belt holster, on or about the license holder's person:
18	18	(1) on the premises of a business that has a permit or
19	19	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
20	20	Beverage Code, if the business derives 51 percent or more of its
21	21	income from the sale or service of alcoholic beverages for
22	22	on-premises consumption, as determined by the Texas Alcoholic
23	23	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
24	24	(2) on the premises where a high school, collegiate,
25	25	or professional sporting event or interscholastic event is taking
26	26	place, unless the license holder is a participant in the event and a
27	27	handgun is used in the event;
28	28	(3) on the premises of a correctional facility;
29	29	(4) on the premises of a hospital licensed under
30	30	Chapter 241, Health and Safety Code, or on the premises of a nursing
31	31	facility licensed under Chapter 242, Health and Safety Code, unless
32	32	the license holder has written authorization of the hospital or
33	33	nursing facility administration, as appropriate;
34	34	(5) in an amusement park;
35	35	(6) on the premises of a church, synagogue, or other
36	36	established place of religious worship; [or]
37	37	(7) on the premises of a civil commitment facility; or
38	38	(8) regardless of whether the facility is enclosed and
39	39	if the facility is not a premises on which an event is occurring as
40	40	described by Subdivision (2), on the premises or property of an
41	41	indoor or outdoor arena, stadium, golf course, automobile
42	42	racetrack, amphitheater, auditorium, theater, museum, zoo,
43	43	botanical garden, civic center, or convention center, unless the
44	44	license holder is a participant in an event conducted at the
45	45	facility and a handgun is used in the event.
46	46	(i) Subsections (b)(4), (b)(5), (b)(6), (b)(8), and (c) do
47	47	not apply if the actor was not given effective notice under Section
48	48	30.06 or 30.07.
49	49	SECTION 2. The change in law made by this Act applies only
50	50	to an offense committed on or after the effective date of this Act.
51	51	An offense committed before the effective date of this Act is
52	52	governed by the law in effect on the date the offense was committed,
53	53	and the former law is continued in effect for that purpose. For
54	54	purposes of this section, an offense was committed before the
55	55	effective date of this Act if any element of the offense occurred
56	56	before that date.
57	57	SECTION 3. This Act takes effect September 1, 2019.