Texas 2023 - 88th Regular

Texas House Bill HB1760 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1760
2	2
3	3
4	4	AN ACT
5	5	relating to the prosecution of the offense of possessing a weapon in
6	6	certain prohibited places associated with schools or postsecondary
7	7	educational institutions.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 46.03(a), Penal Code, is amended to read
10	10	as follows:
11	11	(a) A person commits an offense if the person intentionally,
12	12	knowingly, or recklessly possesses or goes with a firearm,
13	13	location-restricted knife, club, or prohibited weapon listed in
14	14	Section 46.05(a):
15	15	(1) on the [physical] premises of a school or
16	16	postsecondary educational institution, on any grounds or building
17	17	owned by and under the control of a school or postsecondary
18	18	educational institution and on which an activity sponsored by the
19	19	[a] school or [educational] institution is being conducted, or in a
20	20	passenger transportation vehicle of a school or postsecondary
21	21	educational institution, whether the school or postsecondary
22	22	educational institution is public or private, unless:
23	23	(A) pursuant to written regulations or written
24	24	authorization of the school or institution; or
25	25	(B) the person possesses or goes with a concealed
26	26	handgun that the person is licensed to carry under Subchapter H,
27	27	Chapter 411, Government Code, and no other weapon to which this
28	28	section applies, on the premises of a postsecondary educational
29	29	institution [an institution of higher education or private or
30	30	independent institution of higher education], on any grounds or
31	31	building owned by and under the control of the institution and on
32	32	which an activity sponsored by the institution is being conducted,
33	33	or in a passenger 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.
76	76	SECTION 2. Section 46.03(c), Penal Code, is amended by
77	77	adding Subdivisions (3-a) and (4-a) to read as follows:
78	78	(3-a) "Postsecondary educational institution" means
79	79	an institution of higher education or a private or independent
80	80	institution of higher education.
81	81	(4-a) "School" means an accredited primary or
82	82	secondary school.
83	83	SECTION 3. 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 4. This Act takes effect September 1, 2023.
92	92	______________________________ ______________________________
93	93	President of the Senate Speaker of the House
94	94	I certify that H.B. No. 1760 was passed by the House on April
95	95	18, 2023, by the following vote: Yeas 100, Nays 47, 1 present, not
96	96	voting.
97	97	______________________________
98	98	Chief Clerk of the House
99	99	I certify that H.B. No. 1760 was passed by the Senate on May
100	100	11, 2023, by the following vote: Yeas 23, Nays 7.
101	101	______________________________
102	102	Secretary of the Senate
103	103	APPROVED: _____________________
104	104	Date
105	105	_____________________
106	106	Governor