87R10736 KJE-D
By: Eckhardt S.B. No. 1289
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the carrying of a firearm on property owned
or leased by a governmental entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 411.2031, Government
Code, is amended to read as follows:
Sec. 411.2031. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
CERTAIN PRIVATE CAMPUSES.
SECTION 2. Sections 411.2031(a)(1) and (2), Government
Code, are amended to read as follows:
(1) "Campus" means all land and buildings owned or
leased by a [an institution of higher education or] private or
independent institution of higher education.
(2) "Private ["Institution of higher education" and
"private] or independent institution of higher education" has
[have] the meaning [meanings] assigned by Section 61.003, Education
Code.
SECTION 3. Section 411.2031(d), Government Code, is amended
to read as follows:
(d) A [An institution of higher education or] private or
independent institution of higher education in this state may
establish rules, regulations, or other provisions prohibiting or
regulating [concerning] the storage of handguns in dormitories or
other residential facilities that are owned or leased and operated
by the institution and located on the campus of the institution.
SECTION 4. Section 229.001(b), Local Government Code, is
amended to read as follows:
(b) Subsection (a) does not affect the authority a
municipality has under another law to:
(1) require residents or public employees to be armed
for personal or national defense, law enforcement, or another
lawful purpose;
(2) regulate the discharge of firearms or air guns
within the limits of the municipality, other than at a sport
shooting range;
(3) except as provided by Subsection (b-1), adopt or
enforce a generally applicable zoning ordinance, land use
regulation, fire code, or business ordinance;
(4) regulate the use of firearms, air guns, or knives
in the case of an insurrection, riot, or natural disaster if the
municipality finds the regulations necessary to protect public
health and safety;
(5) regulate the storage or transportation of
explosives to protect public health and safety, except that 25
pounds or less of black powder for each private residence and 50
pounds or less of black powder for each retail dealer are not
subject to regulation;
(6) regulate the carrying of a firearm or air gun by a
person other than a person licensed to carry a handgun under
Subchapter H, Chapter 411, Government Code, at a:
(A) public park;
(B) public meeting of a municipality, county, or
other governmental body;
(C) political rally, parade, or official
political meeting; or
(D) nonfirearms-related school, college, or
professional athletic event;
(7) regulate the carrying of a firearm by a person
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code[, in accordance with Section 411.209, Government
Code];
(8) regulate the hours of operation of a sport
shooting range, except that the hours of operation may not be more
limited than the least limited hours of operation of any other
business in the municipality other than a business permitted or
licensed to sell or serve alcoholic beverages for on-premises
consumption;
(9) regulate the carrying of an air gun by a minor on:
(A) public property; or
(B) private property without consent of the
property owner; or
(10) except as provided by Subsection (d-1), regulate
or prohibit an employee's carrying or possession of a firearm,
firearm accessory, or ammunition in the course of the employee's
official duties.
SECTION 5. Section 236.002(c), Local Government Code, is
amended to read as follows:
(c) Subsection (a) does not affect the authority of a county
to:
(1) require a resident or public employee to be armed
for personal or national defense, law enforcement, or other purpose
under other law;
(2) regulate the discharge of firearms or air guns in
accordance with Section 235.022;
(3) regulate the carrying of a firearm by a person
licensed to carry a handgun under Subchapter H, Chapter 411,
Government Code[, in accordance with Section 411.209, Government
Code];
(4) except as provided by Subsection (d), adopt or
enforce a generally applicable land use regulation, fire code, or
business regulation; or
(5) except as provided by Subsection (e), regulate or
prohibit an employee's carrying or possession of a firearm, firearm
accessory, or ammunition in the course of the employee's official
duties.
SECTION 6. Section 46.03, Penal Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-2) 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 of a school or
educational institution, any grounds or building on which an
activity sponsored by a school or educational institution is being
conducted, or a passenger transportation vehicle of a school or
educational institution, [whether the school or educational
institution is public or private,] unless:
(A) the actor possesses or goes with a weapon
other than a firearm pursuant to written regulations or written
authorization of the school or institution; [or]
(B) the actor possesses or goes with a firearm on
the premises of a private school or a private or independent
institution of higher education, on any grounds or building on
which an activity sponsored by the school or institution is being
conducted, or in a passenger transportation vehicle of the school
or institution pursuant to the written regulations or written
authorization of the school or institution; or
(C) the actor [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 of a [an institution of
higher education or] private or independent institution of higher
education, on any grounds or building on which an activity
sponsored by the institution is being 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.
(a-2) A person commits an offense if the person
intentionally, knowingly, or recklessly possesses or goes with a
firearm on premises owned or leased by a governmental entity.
(b) It is a defense to prosecution under Subsections
(a)(1)-(4) and (a-2) that the actor possessed a firearm while in the
actual discharge of the actor's [his] official duties as a member of
the armed forces or national guard or a guard employed by a penal
institution, or an officer of the court.
SECTION 7. Section 46.03(c)(1), Penal Code, is amended to
read as follows:
(1) "Private ["Institution of higher education" and
"private] or independent institution of higher education" has
[have] the meaning [meanings] assigned by Section 61.003, Education
Code.
SECTION 8. Section 46.035(a-1), Penal Code, as added by
Chapter 438 (S.B. 11), Acts of the 84th Legislature, Regular
Session, 2015, is amended to read as follows:
(a-1) Notwithstanding Subsection (a), a license holder
commits an offense if the license holder carries a partially or
wholly visible handgun, regardless of whether the handgun is
holstered, on or about the license holder's person under the
authority of Subchapter H, Chapter 411, Government Code, and
intentionally or knowingly displays the handgun in plain view of
another person:
(1) on the premises of a [an institution of higher
education or] private or independent institution of higher
education; or
(2) on any public or private driveway, street,
sidewalk or walkway, parking lot, parking garage, or other parking
area of a [an institution of higher education or] private or
independent institution of higher education.
SECTION 9. Section 46.035(f)(1-a), Penal Code, is amended
to read as follows:
(1-a) "Private ["Institution of higher education" and
"private] or independent institution of higher education" has
[have] the meaning [meanings] assigned by Section 61.003, Education
Code.
SECTION 10. Sections 46.035(h) and (j), Penal Code, are
amended to read as follows:
(h) It is a defense to prosecution under Subsection (a),
(a-1), or (a-2)[, or (a-3)] that the actor, at the time of the
commission of the offense, displayed the handgun under
circumstances in which the actor would have been justified in the
use of force or deadly force under Chapter 9.
(j) Subsections (a), (a-1), (a-2), [(a-3),] and (b)(1) do
not apply to a historical reenactment performed in compliance with
the rules of the Texas Alcoholic Beverage Commission.
SECTION 11. Section 46.15(l), Penal Code, is amended to
read as follows:
(l) Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), [and]
(a)(4), and (a-2), and 46.035(a), (a-1), (a-2), [(a-3),] (b)(1),
(b)(5), and (b)(6) do not apply to a person who carries a handgun
if:
(1) the person carries the handgun on the premises, as
defined by the statute providing the applicable offense, of a
location operating as an emergency shelter during a state of
disaster declared under Section 418.014, Government Code, or a
local state of disaster declared under Section 418.108, Government
Code;
(2) the owner, controller, or operator of the premises
or a person acting with the apparent authority of the owner,
controller, or operator, authorized the carrying of the handgun;
(3) the person carrying the handgun complies with any
rules and regulations of the owner, controller, or operator of the
premises that govern the carrying of a handgun on the premises; and
(4) the person is not prohibited by state or federal
law from possessing a firearm.
SECTION 12. The following provisions are repealed:
(1) Sections 411.2031(b), (c), (d-1), (d-2), (d-3),
and (d-4), Government Code;
(2) Section 411.209, Government Code;
(3) Section 552.002, Health and Safety Code;
(4) Section 30.06(e), Penal Code;
(5) Section 30.07(e), Penal Code;
(6) Section 46.035(a-1), Penal Code, as added by
Chapter 437 (H.B. 910), Acts of the 84th Legislature, Regular
Session, 2015; and
(7) Section 46.035(a-3), Penal Code.
SECTION 13. The changes in law made by this Act to Sections
30.06, 30.07, 46.03, 46.035, and 46.15, Penal Code, apply 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 when 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 14. This Act takes effect September 1, 2021.