1 | 1 | | 86R10543 MEW-D |
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2 | 2 | | By: Lucio S.B. No. 1555 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the authorization of a license holder to carry a |
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8 | 8 | | concealed handgun at a school or educational institution. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 411.192, Government Code, is amended by |
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11 | 11 | | amending Subsections (a) and (c) and adding Subsection (a-1) to |
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12 | 12 | | read as follows: |
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13 | 13 | | (a) The department shall disclose [to a criminal justice |
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14 | 14 | | agency] information contained in its files and records regarding |
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15 | 15 | | whether a named individual or any individual named in a specified |
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16 | 16 | | list is licensed under this subchapter to: |
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17 | 17 | | (1) a criminal justice agency; or |
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18 | 18 | | (2) a school district, open-enrollment charter |
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19 | 19 | | school, or private school that requests verification under Section |
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20 | 20 | | 411.210. |
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21 | 21 | | (a-1) Information on an individual subject to disclosure |
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22 | 22 | | under Subsection (a) [this section] includes the individual's name, |
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23 | 23 | | date of birth, gender, race, zip code, telephone number, e-mail |
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24 | 24 | | address, and Internet website address. Except as otherwise |
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25 | 25 | | provided by this section and by Sections [Section] 411.193 and |
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26 | 26 | | 411.210, all other records maintained under this subchapter are |
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27 | 27 | | confidential and are not subject to mandatory disclosure under the |
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28 | 28 | | open records law, Chapter 552. |
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29 | 29 | | (c) The department shall notify a license holder of any |
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30 | 30 | | request that is made for information relating to the license holder |
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31 | 31 | | under this section and provide the name of the entity [agency] |
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32 | 32 | | making the request. |
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33 | 33 | | SECTION 2. Subchapter H, Chapter 411, Government Code, is |
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34 | 34 | | amended by adding Section 411.210 to read as follows: |
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35 | 35 | | Sec. 411.210. VERIFICATION OF LICENSE BY SCHOOL DISTRICT. |
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36 | 36 | | (a) A school district, open-enrollment charter school, or private |
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37 | 37 | | school may request verification from the department that a person |
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38 | 38 | | holds a valid license to carry a handgun under this subchapter |
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39 | 39 | | before authorizing the person to carry a concealed handgun on |
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40 | 40 | | school premises, as provided by Section 46.03(a)(1)(A)(i), Penal |
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41 | 41 | | Code. |
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42 | 42 | | (b) As soon as practicable after receiving a request under |
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43 | 43 | | Subsection (a), the department shall provide at no cost: |
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44 | 44 | | (1) verification that the person holds a valid license |
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45 | 45 | | to carry a handgun under this subchapter; or |
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46 | 46 | | (2) notice that the person does not hold a valid |
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47 | 47 | | license. |
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48 | 48 | | SECTION 3. Section 46.03(a), Penal Code, is amended to read |
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49 | 49 | | as follows: |
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50 | 50 | | (a) A person commits an offense if the person intentionally, |
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51 | 51 | | knowingly, or recklessly possesses or goes with a firearm, |
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52 | 52 | | location-restricted knife, club, or prohibited weapon listed in |
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53 | 53 | | Section 46.05(a): |
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54 | 54 | | (1) on the physical premises of a school or |
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55 | 55 | | educational institution, any grounds or building on which an |
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56 | 56 | | activity sponsored by a school or educational institution is being |
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57 | 57 | | conducted, or a passenger transportation vehicle of a school or |
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58 | 58 | | educational institution, whether the school or educational |
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59 | 59 | | institution is public or private, unless: |
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60 | 60 | | (A) pursuant to written regulations or written |
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61 | 61 | | authorization of the school or institution: |
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62 | 62 | | (i) the person possesses or goes with a |
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63 | 63 | | concealed handgun that the person is licensed to carry under |
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64 | 64 | | Subchapter H, Chapter 411, Government Code; or |
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65 | 65 | | (ii) the person possesses or goes with any |
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66 | 66 | | weapon to which this section applies, other than a concealed |
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67 | 67 | | handgun; or |
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68 | 68 | | (B) the person possesses or goes with a concealed |
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69 | 69 | | handgun that the person is licensed to carry under Subchapter H, |
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70 | 70 | | Chapter 411, Government Code, and no other weapon to which this |
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71 | 71 | | section applies, on the premises of an institution of higher |
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72 | 72 | | education or private or independent institution of higher |
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73 | 73 | | education, on any grounds or building on which an activity |
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74 | 74 | | sponsored by the institution is being conducted, or in a passenger |
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75 | 75 | | transportation vehicle of the institution; |
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76 | 76 | | (2) on the premises of a polling place on the day of an |
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77 | 77 | | election or while early voting is in progress; |
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78 | 78 | | (3) on the premises of any government court or offices |
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79 | 79 | | utilized by the court, unless pursuant to written regulations or |
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80 | 80 | | written authorization of the court; |
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81 | 81 | | (4) on the premises of a racetrack; |
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82 | 82 | | (5) in or into a secured area of an airport; or |
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83 | 83 | | (6) within 1,000 feet of premises the location of |
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84 | 84 | | which is designated by the Texas Department of Criminal Justice as a |
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85 | 85 | | place of execution under Article 43.19, Code of Criminal Procedure, |
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86 | 86 | | on a day that a sentence of death is set to be imposed on the |
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87 | 87 | | designated premises and the person received notice that: |
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88 | 88 | | (A) going within 1,000 feet of the premises with |
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89 | 89 | | a weapon listed under this subsection was prohibited; or |
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90 | 90 | | (B) possessing a weapon listed under this |
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91 | 91 | | subsection within 1,000 feet of the premises was prohibited. |
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92 | 92 | | SECTION 4. The change in law made by this Act applies only |
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93 | 93 | | to an offense committed on or after the effective date of this Act. |
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94 | 94 | | An offense committed before the effective date of this Act is |
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95 | 95 | | governed by the law in effect on the date the offense was committed, |
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96 | 96 | | and the former law is continued in effect for that purpose. For |
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97 | 97 | | purposes of this section, an offense was committed before the |
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98 | 98 | | effective date of this Act if any element of the offense occurred |
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99 | 99 | | before that date. |
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100 | 100 | | SECTION 5. This Act takes effect September 1, 2019. |
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