Texas 2021 - 87th Regular

Texas Senate Bill SB1289 Compare Versions

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

Old	New	Differences
1	1	87R10736 KJE-D
2	2	By: Eckhardt S.B. No. 1289
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting the carrying of a firearm on property owned
8	8	or leased by a governmental entity.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 411.2031, Government
11	11	Code, is amended to read as follows:
12	12	Sec. 411.2031. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
13	13	CERTAIN PRIVATE CAMPUSES.
14	14	SECTION 2. Sections 411.2031(a)(1) and (2), Government
15	15	Code, are amended to read as follows:
16	16	(1) "Campus" means all land and buildings owned or
17	17	leased by a [an institution of higher education or] private or
18	18	independent institution of higher education.
19	19	(2) "Private ["Institution of higher education" and
20	20	"private] or independent institution of higher education" has
21	21	[have] the meaning [meanings] assigned by Section 61.003, Education
22	22	Code.
23	23	SECTION 3. Section 411.2031(d), Government Code, is amended
24	24	to read as follows:
25	25	(d) A [An institution of higher education or] private or
26	26	independent institution of higher education in this state may
27	27	establish rules, regulations, or other provisions prohibiting or
28	28	regulating [concerning] the storage of handguns in dormitories or
29	29	other residential facilities that are owned or leased and operated
30	30	by the institution and located on the campus of the institution.
31	31	SECTION 4. Section 229.001(b), Local Government Code, is
32	32	amended to read as follows:
33	33	(b) Subsection (a) does not affect the authority a
34	34	municipality has under another law to:
35	35	(1) require residents or public employees to be armed
36	36	for personal or national defense, law enforcement, or another
37	37	lawful purpose;
38	38	(2) regulate the discharge of firearms or air guns
39	39	within the limits of the municipality, other than at a sport
40	40	shooting range;
41	41	(3) except as provided by Subsection (b-1), adopt or
42	42	enforce a generally applicable zoning ordinance, land use
43	43	regulation, fire code, or business ordinance;
44	44	(4) regulate the use of firearms, air guns, or knives
45	45	in the case of an insurrection, riot, or natural disaster if the
46	46	municipality finds the regulations necessary to protect public
47	47	health and safety;
48	48	(5) regulate the storage or transportation of
49	49	explosives to protect public health and safety, except that 25
50	50	pounds or less of black powder for each private residence and 50
51	51	pounds or less of black powder for each retail dealer are not
52	52	subject to regulation;
53	53	(6) regulate the carrying of a firearm or air gun by a
54	54	person other than a person licensed to carry a handgun under
55	55	Subchapter H, Chapter 411, Government Code, at a:
56	56	(A) public park;
57	57	(B) public meeting of a municipality, county, or
58	58	other governmental body;
59	59	(C) political rally, parade, or official
60	60	political meeting; or
61	61	(D) nonfirearms-related school, college, or
62	62	professional athletic event;
63	63	(7) regulate the carrying of a firearm by a person
64	64	licensed to carry a handgun under Subchapter H, Chapter 411,
65	65	Government Code[, in accordance with Section 411.209, Government
66	66	Code];
67	67	(8) regulate the hours of operation of a sport
68	68	shooting range, except that the hours of operation may not be more
69	69	limited than the least limited hours of operation of any other
70	70	business in the municipality other than a business permitted or
71	71	licensed to sell or serve alcoholic beverages for on-premises
72	72	consumption;
73	73	(9) regulate the carrying of an air gun by a minor on:
74	74	(A) public property; or
75	75	(B) private property without consent of the
76	76	property owner; or
77	77	(10) except as provided by Subsection (d-1), regulate
78	78	or prohibit an employee's carrying or possession of a firearm,
79	79	firearm accessory, or ammunition in the course of the employee's
80	80	official duties.
81	81	SECTION 5. Section 236.002(c), Local Government Code, is
82	82	amended to read as follows:
83	83	(c) Subsection (a) does not affect the authority of a county
84	84	to:
85	85	(1) require a resident or public employee to be armed
86	86	for personal or national defense, law enforcement, or other purpose
87	87	under other law;
88	88	(2) regulate the discharge of firearms or air guns in
89	89	accordance with Section 235.022;
90	90	(3) regulate the carrying of a firearm by a person
91	91	licensed to carry a handgun under Subchapter H, Chapter 411,
92	92	Government Code[, in accordance with Section 411.209, Government
93	93	Code];
94	94	(4) except as provided by Subsection (d), adopt or
95	95	enforce a generally applicable land use regulation, fire code, or
96	96	business regulation; or
97	97	(5) except as provided by Subsection (e), regulate or
98	98	prohibit an employee's carrying or possession of a firearm, firearm
99	99	accessory, or ammunition in the course of the employee's official
100	100	duties.
101	101	SECTION 6. Section 46.03, Penal Code, is amended by
102	102	amending Subsections (a) and (b) and adding Subsection (a-2) to
103	103	read as follows:
104	104	(a) A person commits an offense if the person intentionally,
105	105	knowingly, or recklessly possesses or goes with a firearm,
106	106	location-restricted knife, club, or prohibited weapon listed in
107	107	Section 46.05(a):
108	108	(1) on the physical premises of a school or
109	109	educational institution, any grounds or building on which an
110	110	activity sponsored by a school or educational institution is being
111	111	conducted, or a passenger transportation vehicle of a school or
112	112	educational institution, [whether the school or educational
113	113	institution is public or private,] unless:
114	114	(A) the actor possesses or goes with a weapon
115	115	other than a firearm pursuant to written regulations or written
116	116	authorization of the school or institution; [or]
117	117	(B) the actor possesses or goes with a firearm on
118	118	the premises of a private school or a private or independent
119	119	institution of higher education, on any grounds or building on
120	120	which an activity sponsored by the school or institution is being
121	121	conducted, or in a passenger transportation vehicle of the school
122	122	or institution pursuant to the written regulations or written
123	123	authorization of the school or institution; or
124	124	(C) the actor [person] possesses or goes with a
125	125	concealed handgun that the person is licensed to carry under
126	126	Subchapter H, Chapter 411, Government Code, and no other weapon to
127	127	which this section applies, on the premises of a [an institution of
128	128	higher education or] private or independent institution of higher
129	129	education, on any grounds or building on which an activity
130	130	sponsored by the institution is being conducted, or in a passenger
131	131	transportation vehicle of the institution;
132	132	(2) on the premises of a polling place on the day of an
133	133	election or while early voting is in progress;
134	134	(3) on the premises of any government court or offices
135	135	utilized by the court, unless pursuant to written regulations or
136	136	written authorization of the court;
137	137	(4) on the premises of a racetrack;
138	138	(5) in or into a secured area of an airport; or
139	139	(6) within 1,000 feet of premises the location of
140	140	which is designated by the Texas Department of Criminal Justice as a
141	141	place of execution under Article 43.19, Code of Criminal Procedure,
142	142	on a day that a sentence of death is set to be imposed on the
143	143	designated premises and the person received notice that:
144	144	(A) going within 1,000 feet of the premises with
145	145	a weapon listed under this subsection was prohibited; or
146	146	(B) possessing a weapon listed under this
147	147	subsection within 1,000 feet of the premises was prohibited.
148	148	(a-2) A person commits an offense if the person
149	149	intentionally, knowingly, or recklessly possesses or goes with a
150	150	firearm on premises owned or leased by a governmental entity.
151	151	(b) It is a defense to prosecution under Subsections
152	152	(a)(1)-(4) and (a-2) that the actor possessed a firearm while in the
153	153	actual discharge of the actor's [his] official duties as a member of
154	154	the armed forces or national guard or a guard employed by a penal
155	155	institution, or an officer of the court.
156	156	SECTION 7. Section 46.03(c)(1), Penal Code, is amended to
157	157	read as follows:
158	158	(1) "Private ["Institution of higher education" and
159	159	"private] or independent institution of higher education" has
160	160	[have] the meaning [meanings] assigned by Section 61.003, Education
161	161	Code.
162	162	SECTION 8. Section 46.035(a-1), Penal Code, as added by
163	163	Chapter 438 (S.B. 11), Acts of the 84th Legislature, Regular
164	164	Session, 2015, is amended to read as follows:
165	165	(a-1) Notwithstanding Subsection (a), a license holder
166	166	commits an offense if the license holder carries a partially or
167	167	wholly visible handgun, regardless of whether the handgun is
168	168	holstered, on or about the license holder's person under the
169	169	authority of Subchapter H, Chapter 411, Government Code, and
170	170	intentionally or knowingly displays the handgun in plain view of
171	171	another person:
172	172	(1) on the premises of a [an institution of higher
173	173	education or] private or independent institution of higher
174	174	education; or
175	175	(2) on any public or private driveway, street,
176	176	sidewalk or walkway, parking lot, parking garage, or other parking
177	177	area of a [an institution of higher education or] private or
178	178	independent institution of higher education.
179	179	SECTION 9. Section 46.035(f)(1-a), Penal Code, is amended
180	180	to read as follows:
181	181	(1-a) "Private ["Institution of higher education" and
182	182	"private] or independent institution of higher education" has
183	183	[have] the meaning [meanings] assigned by Section 61.003, Education
184	184	Code.
185	185	SECTION 10. Sections 46.035(h) and (j), Penal Code, are
186	186	amended to read as follows:
187	187	(h) It is a defense to prosecution under Subsection (a),
188	188	(a-1), or (a-2)[, or (a-3)] that the actor, at the time of the
189	189	commission of the offense, displayed the handgun under
190	190	circumstances in which the actor would have been justified in the
191	191	use of force or deadly force under Chapter 9.
192	192	(j) Subsections (a), (a-1), (a-2), [(a-3),] and (b)(1) do
193	193	not apply to a historical reenactment performed in compliance with
194	194	the rules of the Texas Alcoholic Beverage Commission.
195	195	SECTION 11. Section 46.15(l), Penal Code, is amended to
196	196	read as follows:
197	197	(l) Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), [and]
198	198	(a)(4), and (a-2), and 46.035(a), (a-1), (a-2), [(a-3),] (b)(1),
199	199	(b)(5), and (b)(6) do not apply to a person who carries a handgun
200	200	if:
201	201	(1) the person carries the handgun on the premises, as
202	202	defined by the statute providing the applicable offense, of a
203	203	location operating as an emergency shelter during a state of
204	204	disaster declared under Section 418.014, Government Code, or a
205	205	local state of disaster declared under Section 418.108, Government
206	206	Code;
207	207	(2) the owner, controller, or operator of the premises
208	208	or a person acting with the apparent authority of the owner,
209	209	controller, or operator, authorized the carrying of the handgun;
210	210	(3) the person carrying the handgun complies with any
211	211	rules and regulations of the owner, controller, or operator of the
212	212	premises that govern the carrying of a handgun on the premises; and
213	213	(4) the person is not prohibited by state or federal
214	214	law from possessing a firearm.
215	215	SECTION 12. The following provisions are repealed:
216	216	(1) Sections 411.2031(b), (c), (d-1), (d-2), (d-3),
217	217	and (d-4), Government Code;
218	218	(2) Section 411.209, Government Code;
219	219	(3) Section 552.002, Health and Safety Code;
220	220	(4) Section 30.06(e), Penal Code;
221	221	(5) Section 30.07(e), Penal Code;
222	222	(6) Section 46.035(a-1), Penal Code, as added by
223	223	Chapter 437 (H.B. 910), Acts of the 84th Legislature, Regular
224	224	Session, 2015; and
225	225	(7) Section 46.035(a-3), Penal Code.
226	226	SECTION 13. The changes in law made by this Act to Sections
227	227	30.06, 30.07, 46.03, 46.035, and 46.15, Penal Code, apply only to an
228	228	offense committed on or after the effective date of this Act. An
229	229	offense committed before the effective date of this Act is governed
230	230	by the law in effect when the offense was committed, and the former
231	231	law is continued in effect for that purpose. For purposes of this
232	232	section, an offense was committed before the effective date of this
233	233	Act if any element of the offense occurred before that date.
234	234	SECTION 14. This Act takes effect September 1, 2021.