Texas 2019 - 86th Regular

Texas House Bill HB1167 Compare Versions

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

Old	New	Differences
1	1	86R4856 KJE-D
2	2	By: Anchia H.B. No. 1167
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of certain offenses involving the
8	8	carrying of weapons at amusement parks or locations associated with
9	9	schools or other educational institutions.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 46.03(a), Penal Code, is amended to read
12	12	as follows:
13	13	(a) A person commits an offense if the person intentionally,
14	14	knowingly, or recklessly possesses or goes with a firearm,
15	15	location-restricted knife, club, or prohibited weapon listed in
16	16	Section 46.05(a):
17	17	(1) on the [physical] premises, campus, or grounds of
18	18	a school or other educational institution, on any grounds or
19	19	building on which an activity sponsored by a school or other
20	20	educational institution is being conducted or is regularly
21	21	conducted, or in a passenger transportation vehicle of a school or
22	22	other educational institution, whether the school or [educational]
23	23	institution is public or private, unless:
24	24	(A) pursuant to written regulations or written
25	25	authorization of the school or institution; or
26	26	(B) the person possesses or goes with a concealed
27	27	handgun that the person is licensed to carry under Subchapter H,
28	28	Chapter 411, Government Code, and no other weapon to which this
29	29	section applies, on the premises, campus, or grounds of an
30	30	institution of higher education or a private or independent
31	31	institution of higher education, on any grounds or building on
32	32	which an activity sponsored by the institution is being conducted
33	33	or is regularly conducted, or in a passenger transportation vehicle
34	34	of the institution;
35	35	(2) on the premises of a polling place on the day of an
36	36	election or while early voting is in progress;
37	37	(3) on the premises of any government court or offices
38	38	utilized by the court, unless pursuant to written regulations or
39	39	written authorization of the court;
40	40	(4) on the premises of a racetrack;
41	41	(5) in or into a secured area of an airport; or
42	42	(6) within 1,000 feet of premises the location of
43	43	which is designated by the Texas Department of Criminal Justice as a
44	44	place of execution under Article 43.19, Code of Criminal Procedure,
45	45	on a day that a sentence of death is set to be imposed on the
46	46	designated premises and the person received notice that:
47	47	(A) going within 1,000 feet of the premises with
48	48	a weapon listed under this subsection was prohibited; or
49	49	(B) possessing a weapon listed under this
50	50	subsection within 1,000 feet of the premises was prohibited.
51	51	SECTION 2. Section 46.03(c), Penal Code, is amended by
52	52	amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
53	53	read as follows:
54	54	(1) "Educational institution" means:
55	55	(A) a school;
56	56	(B) a postsecondary educational institution; or
57	57	(C) a library, children's nursery, day-care
58	58	facility, or after-school program operated by a public or private
59	59	school or postsecondary educational institution.
60	60	(1-a) "Institution of higher education" and "private
61	61	or independent institution of higher education" have the meanings
62	62	assigned by Section 61.003, Education Code.
63	63	(1-b) "Postsecondary educational institution" means
64	64	any public or private institution that provides courses of
65	65	instruction beyond those offered in secondary schools. The term
66	66	includes:
67	67	(A) a proprietary, vocational, or technical
68	68	school; and
69	69	(B) an institution of higher education or a
70	70	private or independent institution of higher education.
71	71	SECTION 3. Section 46.035(f)(1), Penal Code, is amended to
72	72	read as follows:
73	73	(1) "Amusement park" means a permanent indoor or
74	74	outdoor facility or park where amusement rides are available for
75	75	use by the public that [is located in a county with a population of
76	76	more than one million,] encompasses at least 10 [75] acres in
77	77	surface area, is enclosed with access only through controlled
78	78	entries, [is open for operation more than 120 days in each calendar
79	79	year,] and has security guards on the premises at all times. [The
80	80	term does not include any public or private driveway, street,
81	81	sidewalk or walkway, parking lot, parking garage, or other parking
82	82	area.]
83	83	SECTION 4. The change in law made by this Act applies only
84	84	to an offense committed on or after the effective date of this Act.
85	85	An offense committed before the effective date of this Act is
86	86	governed by the law in effect on the date the offense was committed,
87	87	and the former law is continued in effect for that purpose. For
88	88	purposes of this section, an offense was committed before the
89	89	effective date of this Act if any element of the offense occurred
90	90	before that date.
91	91	SECTION 5. This Act takes effect September 1, 2019.