Texas 2023 - 88th Regular

Texas House Bill HB192 Compare Versions

OldNewDifferences
11 88R1546 TSS-F
22 By: Schaefer H.B. No. 192
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the possession of a weapon in certain locations of a
88 government court.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 46.03(a), Penal Code, is amended to read
1111 as follows:
1212 (a) A person commits an offense if the person intentionally,
1313 knowingly, or recklessly possesses or goes with a firearm,
1414 location-restricted knife, club, or prohibited weapon listed in
1515 Section 46.05(a):
1616 (1) on the physical premises of a school or
1717 educational institution, any grounds or building on which an
1818 activity sponsored by a school or educational institution is being
1919 conducted, or a passenger transportation vehicle of a school or
2020 educational institution, whether the school or educational
2121 institution is public or private, unless:
2222 (A) pursuant to written regulations or written
2323 authorization of the institution; or
2424 (B) the person possesses or goes with a concealed
2525 handgun that the person is licensed to carry under Subchapter H,
2626 Chapter 411, Government Code, and no other weapon to which this
2727 section applies, on the premises of an institution of higher
2828 education or private or independent institution of higher
2929 education, on any grounds or building on which an activity
3030 sponsored by the institution is being conducted, or in a passenger
3131 transportation vehicle of the institution;
3232 (2) on the premises of a polling place on the day of an
3333 election or while early voting is in progress;
3434 (3) [on the premises of any government court or
3535 offices utilized by the court,] unless pursuant to written
3636 regulations or written authorization of the applicable government
3737 court, in:
3838 (A) a courtroom or other room in which a judicial
3939 proceeding is being held;
4040 (B) a jury room;
4141 (C) a judge's chambers; or
4242 (D) the office of a member of a judge's staff;
4343 (4) on the premises of a racetrack;
4444 (5) in or into a secured area of an airport;
4545 (6) within 1,000 feet of premises the location of
4646 which is designated by the Texas Department of Criminal Justice as a
4747 place of execution under Article 43.19, Code of Criminal Procedure,
4848 on a day that a sentence of death is set to be imposed on the
4949 designated premises and the person received notice that:
5050 (A) going within 1,000 feet of the premises with
5151 a weapon listed under this subsection was prohibited; or
5252 (B) possessing a weapon listed under this
5353 subsection within 1,000 feet of the premises was prohibited;
5454 (7) on the premises of a business that has a permit or
5555 license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
5656 Beverage Code, if the business derives 51 percent or more of its
5757 income from the sale or service of alcoholic beverages for
5858 on-premises consumption, as determined by the Texas Alcoholic
5959 Beverage Commission under Section 104.06, Alcoholic Beverage Code;
6060 (8) on the premises where a high school, collegiate,
6161 or professional sporting event or interscholastic event is taking
6262 place, unless the person is a participant in the event and a
6363 firearm, location-restricted knife, club, or prohibited weapon
6464 listed in Section 46.05(a) is used in the event;
6565 (9) on the premises of a correctional facility;
6666 (10) on the premises of a civil commitment facility;
6767 (11) on the premises of a hospital licensed under
6868 Chapter 241, Health and Safety Code, or on the premises of a nursing
6969 facility licensed under Chapter 242, Health and Safety Code, unless
7070 the person has written authorization of the hospital or nursing
7171 facility administration, as appropriate;
7272 (12) on the premises of a mental hospital, as defined
7373 by Section 571.003, Health and Safety Code, unless the person has
7474 written authorization of the mental hospital administration;
7575 (13) in an amusement park; or
7676 (14) in the room or rooms where a meeting of a
7777 governmental entity is held, if the meeting is an open meeting
7878 subject to Chapter 551, Government Code, and if the entity provided
7979 notice as required by that chapter.
8080 SECTION 2. The change in law made by this Act applies only
8181 to an offense committed on or after the effective date of this Act.
8282 An offense committed before the effective date of this Act is
8383 governed by the law in effect on the date the offense was committed,
8484 and the former law is continued in effect for that purpose. For
8585 purposes of this section, an offense was committed before the
8686 effective date of this Act if any element of the offense was
8787 committed before that date.
8888 SECTION 3. This Act takes effect September 1, 2023.