Texas 2023 - 88th Regular

Texas House Bill HB2960 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Cain, Holland, Isaac, Hefner, Patterson, H.B. No. 2960
2	2	et al.
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the locations in which carrying certain weapons is
8	8	prohibited and the applicability of a defense to prosecution for an
9	9	offense relating to carrying a handgun in certain prohibited
10	10	locations and associated notice requirements.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 46.03(a), Penal Code, is amended to read
13	13	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, or a state hospital, as
70	70	defined by Section 552.0011, Health and Safety Code, unless the
71	71	person has written authorization of the mental or state hospital
72	72	administration;
73	73	(13) in an amusement park; or
74	74	(14) in the room or rooms where a meeting of a
75	75	governmental entity is held, if the meeting is an open meeting
76	76	subject to Chapter 551, Government Code, and if the entity provided
77	77	notice as required by that chapter.
78	78	SECTION 2. Sections 46.15(n) and (o), Penal Code, are
79	79	amended to read as follows:
80	80	(n) The defense provided by Subsection (m) does not apply to
81	81	an offense under Section 46.03(a)(1), (5), (11), or (12) if:
82	82	(1) a sign described by Subsection (o) was posted
83	83	prominently at each entrance to the premises or other property, as
84	84	applicable; or
85	85	(2) at the time of the offense, the actor knew that
86	86	carrying a firearm or other weapon on the premises or other property
87	87	was prohibited.
88	88	(o) A person may provide notice that firearms and other
89	89	weapons are prohibited under Section 46.03 on the premises or other
90	90	property, as applicable, described by Subsection (a)(1), (5), (11),
91	91	or (12) of that section, by posting a sign at each entrance to the
92	92	premises or other property that:
93	93	(1) includes language that is identical to or
94	94	substantially similar to the following: "Pursuant to Section 46.03,
95	95	Penal Code (places weapons prohibited), a person may not carry a
96	96	firearm or other weapon on this property";
97	97	(2) includes the language described by Subdivision (1)
98	98	in both English and Spanish;
99	99	(3) appears in contrasting colors with block letters
100	100	at least one inch in height; and
101	101	(4) is displayed in a conspicuous manner clearly
102	102	visible to the public.
103	103	SECTION 3. The following provisions are repealed:
104	104	(1) Section 411.209(i), Government Code; and
105	105	(2) Section 552.002, Health and Safety Code.
106	106	SECTION 4. The change in law made by this Act applies only
107	107	to an offense committed on or after the effective date of this
108	108	Act. An offense committed before the effective date of this Act is
109	109	governed by the law in effect on the date the offense was committed,
110	110	and the former law is continued in effect for that purpose. For
111	111	purposes of this section, an offense was committed before the
112	112	effective date of this Act if any element of the offense occurred
113	113	before that date.
114	114	SECTION 5. This Act takes effect September 1, 2023.