Texas 2023 - 88th Regular

Texas House Bill HB1007 Compare Versions

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Version 2 (New)

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1	1	88R2949 JSC-D
2	2	By: Turner H.B. No. 1007
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting weapons in certain facilities or residences
8	8	providing services to individuals with an intellectual disability
9	9	or a developmental disability.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act shall be known as Joshua's Act.
12	12	SECTION 2. Sections 46.03(a) and (g-2), Penal Code, are
13	13	amended to read as follows:
14	14	(a) A person commits an offense if the person intentionally,
15	15	knowingly, or recklessly possesses or goes with a firearm,
16	16	location-restricted knife, club, or prohibited weapon listed in
17	17	Section 46.05(a):
18	18	(1) on the physical premises of a school or
19	19	educational institution, any grounds or building on which an
20	20	activity sponsored by a school or educational institution is being
21	21	conducted, or a passenger transportation vehicle of a school or
22	22	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 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 of an institution of higher
30	30	education or private or independent institution of higher
31	31	education, on any grounds or building on which an activity
32	32	sponsored by the institution is being conducted, or in a passenger
33	33	transportation vehicle of the institution;
34	34	(2) on the premises of a polling place on the day of an
35	35	election or while early voting is in progress;
36	36	(3) on the premises of any government court or offices
37	37	utilized by the court, unless pursuant to written regulations or
38	38	written authorization of the court;
39	39	(4) on the premises of a racetrack;
40	40	(5) in or into a secured area of an airport;
41	41	(6) within 1,000 feet of premises the location of
42	42	which is designated by the Texas Department of Criminal Justice as a
43	43	place of execution under Article 43.19, Code of Criminal Procedure,
44	44	on a day that a sentence of death is set to be imposed on the
45	45	designated premises and the person received notice that:
46	46	(A) going within 1,000 feet of the premises with
47	47	a weapon listed under this subsection was prohibited; or
48	48	(B) possessing a weapon listed under this
49	49	subsection within 1,000 feet of the premises was prohibited;
50	50	(7) on the premises of a business that has a permit or
51	51	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
52	52	Beverage Code, if the business derives 51 percent or more of its
53	53	income from the sale or service of alcoholic beverages for
54	54	on-premises consumption, as determined by the Texas Alcoholic
55	55	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
56	56	(8) on the premises where a high school, collegiate,
57	57	or professional sporting event or interscholastic event is taking
58	58	place, unless the person is a participant in the event and a
59	59	firearm, location-restricted knife, club, or prohibited weapon
60	60	listed in Section 46.05(a) is used in the event;
61	61	(9) on the premises of a correctional facility;
62	62	(10) on the premises of a civil commitment facility;
63	63	(11) on the premises of a hospital licensed under
64	64	Chapter 241, Health and Safety Code, or on the premises of a nursing
65	65	facility licensed under Chapter 242, Health and Safety Code, unless
66	66	the person has written authorization of the hospital or nursing
67	67	facility administration, as appropriate;
68	68	(12) on the premises of a mental hospital, as defined
69	69	by Section 571.003, Health and Safety Code, unless the person has
70	70	written authorization of the mental hospital administration;
71	71	(13) in an amusement park; [or]
72	72	(14) in the room or rooms where a meeting of a
73	73	governmental entity is held, if the meeting is an open meeting
74	74	subject to Chapter 551, Government Code, and if the entity provided
75	75	notice as required by that chapter; or
76	76	(15) on the premises of:
77	77	(A) an intermediate care facility licensed under
78	78	Chapter 252, Health and Safety Code;
79	79	(B) a state supported living center, as defined
80	80	by Section 531.002, Health and Safety Code; or
81	81	(C) a group home or other residential facility
82	82	that is licensed by or operated under the authority of the Health
83	83	and Human Services Commission, including a group home or facility
84	84	licensed or operated under a Medicaid waiver program authorized
85	85	under Section 1915(c) of the Social Security Act (42 U.S.C. Section
86	86	1396n(c)), and that provides community-based residential care
87	87	services:
88	88	(i) to not more than four persons with an
89	89	intellectual disability or a developmental disability at any time;
90	90	and
91	91	(ii) at a residence other than the person's
92	92	home.
93	93	(g-2) An offense committed under Subsection (a)(8),
94	94	(a)(10), (a)(11), (a)(13), (a)(15), (a-2), (a-3), or (a-4) is a
95	95	Class A misdemeanor.
96	96	SECTION 3. Section 46.03(c), Penal Code, is amended by
97	97	adding Subdivisions (1-a) and (2-a) to read as follows:
98	98	(1-a) "Developmental disability" has the meaning
99	99	assigned by Section 614.001, Health and Safety Code.
100	100	(2-a) "Intellectual disability" has the meaning
101	101	assigned by Section 591.003, Health and Safety Code.
102	102	SECTION 4. Section 46.15(p), Penal Code, is amended to read
103	103	as follows:
104	104	(p) Sections 46.03(a)(7), (11), [and] (13), and (15) do not
105	105	apply if the actor:
106	106	(1) carries a handgun on the premises or other
107	107	property, as applicable;
108	108	(2) holds a license to carry a handgun issued under
109	109	Subchapter H, Chapter 411, Government Code; and
110	110	(3) was not given effective notice under Section 30.06
111	111	or 30.07 of this code or Section 411.204, Government Code, as
112	112	applicable.
113	113	SECTION 5. The change in law made by this Act applies only
114	114	to an offense committed on or after the effective date of this Act.
115	115	An offense committed before the effective date of this Act is
116	116	governed by the law in effect on the date the offense was committed,
117	117	and the former law is continued in effect for that purpose. For
118	118	purposes of this section, an offense was committed before the
119	119	effective date of this Act if any element of the offense occurred
120	120	before that date.
121	121	SECTION 6. This Act takes effect September 1, 2023.