86R4856 KJE-D
By: Anchia H.B. No. 1167
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of certain offenses involving the
carrying of weapons at amusement parks or locations associated with
schools or other educational institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.03(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly possesses or goes with a firearm,
location-restricted knife, club, or prohibited weapon listed in
Section 46.05(a):
(1) on the [physical] premises, campus, or grounds of
a school or other educational institution, on any grounds or
building on which an activity sponsored by a school or other
educational institution is being conducted or is regularly
conducted, or in a passenger transportation vehicle of a school or
other educational institution, whether the school or [educational]
institution is public or private, unless:
(A) pursuant to written regulations or written
authorization of the school or institution; or
(B) the person possesses or goes with a concealed
handgun that the person is licensed to carry under Subchapter H,
Chapter 411, Government Code, and no other weapon to which this
section applies, on the premises, campus, or grounds of an
institution of higher education or a private or independent
institution of higher education, on any grounds or building on
which an activity sponsored by the institution is being conducted
or is regularly conducted, or in a passenger transportation vehicle
of the institution;
(2) on the premises of a polling place on the day of an
election or while early voting is in progress;
(3) on the premises of any government court or offices
utilized by the court, unless pursuant to written regulations or
written authorization of the court;
(4) on the premises of a racetrack;
(5) in or into a secured area of an airport; or
(6) within 1,000 feet of premises the location of
which is designated by the Texas Department of Criminal Justice as a
place of execution under Article 43.19, Code of Criminal Procedure,
on a day that a sentence of death is set to be imposed on the
designated premises and the person received notice that:
(A) going within 1,000 feet of the premises with
a weapon listed under this subsection was prohibited; or
(B) possessing a weapon listed under this
subsection within 1,000 feet of the premises was prohibited.
SECTION 2. Section 46.03(c), Penal Code, is amended by
amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
read as follows:
(1) "Educational institution" means:
(A) a school;
(B) a postsecondary educational institution; or
(C) a library, children's nursery, day-care
facility, or after-school program operated by a public or private
school or postsecondary educational institution.
(1-a) "Institution of higher education" and "private
or independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
(1-b) "Postsecondary educational institution" means
any public or private institution that provides courses of
instruction beyond those offered in secondary schools. The term
includes:
(A) a proprietary, vocational, or technical
school; and
(B) an institution of higher education or a
private or independent institution of higher education.
SECTION 3. Section 46.035(f)(1), Penal Code, is amended to
read as follows:
(1) "Amusement park" means a permanent indoor or
outdoor facility or park where amusement rides are available for
use by the public that [is located in a county with a population of
more than one million,] encompasses at least 10 [75] acres in
surface area, is enclosed with access only through controlled
entries, [is open for operation more than 120 days in each calendar
year,] and has security guards on the premises at all times. [The
term does not include any public or private driveway, street,
sidewalk or walkway, parking lot, parking garage, or other parking
area.]
SECTION 4. 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 5. This Act takes effect September 1, 2019.