88R10529 MCF-D
By: West S.B. No. 2095
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense involving the possession
or carrying of certain weapons on the premises or property of
certain locations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 46.03(a) and (g-2), Penal Code, are
amended 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) pursuant to written regulations or written
authorization of the institution; or
(B) the 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 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;
(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;
(7) on the premises of a business that has a permit or
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
Beverage Code, if the business derives 51 percent or more of its
income from the sale or service of alcoholic beverages for
on-premises consumption, as determined by the Texas Alcoholic
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
(8) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the person is a participant in the event and a
firearm, location-restricted knife, club, or prohibited weapon
listed in Section 46.05(a) is used in the event;
(9) on the premises of a correctional facility;
(10) on the premises of a civil commitment facility;
(11) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
facility licensed under Chapter 242, Health and Safety Code, unless
the person has written authorization of the hospital or nursing
facility administration, as appropriate;
(12) on the premises of a mental hospital, as defined
by Section 571.003, Health and Safety Code, unless the person has
written authorization of the mental hospital administration;
(13) in an amusement park; [or]
(14) in the room or rooms where a meeting of a
governmental entity is held, if the meeting is an open meeting
subject to Chapter 551, Government Code, and if the entity provided
notice as required by that chapter;
(15) on the premises of a museum;
(16) on the premises of a child-care or recreational
facility; or
(17) in a public park.
(g-2) An offense committed under Subsection (a)(8),
(a)(10), (a)(11), (a)(13), (a)(15), (a)(16), (a)(17), (a-2),
(a-3), or (a-4) is a Class A misdemeanor.
SECTION 2. Section 46.15(b), Penal Code, is amended to read
as follows:
(b) Sections 46.02, 46.03(a)(14), (a)(15), (a)(16), and
(a)(17), and 46.04(a-1) do not apply to a person who:
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 437.001, Government Code, or as a guard employed by a penal
institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor's
residence, motor vehicle, or watercraft, if the weapon is a type
commonly used in the activity;
(4) holds a security officer commission issued by the
Texas Private Security Board, if the person is engaged in the
performance of the person's duties as an officer commissioned under
Chapter 1702, Occupations Code, or is traveling to or from the
person's place of assignment and is wearing the officer's uniform
and carrying the officer's weapon in plain view;
(5) acts as a personal protection officer and carries
the person's security officer commission and personal protection
officer authorization, if the person:
(A) is engaged in the performance of the person's
duties as a personal protection officer under Chapter 1702,
Occupations Code, or is traveling to or from the person's place of
assignment; and
(B) is either:
(i) wearing the uniform of a security
officer, including any uniform or apparel described by Section
1702.323(d), Occupations Code, and carrying the officer's weapon in
plain view; or
(ii) not wearing the uniform of a security
officer and carrying the officer's weapon in a concealed manner;
(6) is carrying:
(A) a license issued under Subchapter H, Chapter
411, Government Code, to carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a holster;
(7) holds an alcoholic beverage permit or license or
is an employee of a holder of an alcoholic beverage permit or
license if the person is supervising the operation of the permitted
or licensed premises; or
(8) is a student in a law enforcement class engaging in
an activity required as part of the class, if the weapon is a type
commonly used in the activity and the person is:
(A) on the immediate premises where the activity
is conducted; or
(B) en route between those premises and the
person's residence and is carrying the weapon unloaded.
SECTION 3. The change in law made by this Act applies 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 on the date 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 4. This Act takes effect September 1, 2023.