Texas 2023 - 88th Regular

Texas Senate Bill SB2095 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R10529 MCF-D
2	2	By: West S.B. No. 2095
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of the offense involving the possession
8	8	or carrying of certain weapons on the premises or property of
9	9	certain locations.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 46.03(a) and (g-2), Penal Code, are
12	12	amended to read as follows:
13	13	(a) A person commits an offense if the person intentionally,
14	14	knowingly, or recklessly possesses or goes with a firearm,
15	15	location-restricted knife, club, or prohibited weapon listed in
16	16	Section 46.05(a):
17	17	(1) on the physical premises of a school or
18	18	educational institution, any grounds or building on which an
19	19	activity sponsored by a school or educational institution is being
20	20	conducted, or a passenger transportation vehicle of a school or
21	21	educational institution, whether the school or educational
22	22	institution is public or private, unless:
23	23	(A) pursuant to written regulations or written
24	24	authorization of the 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 an institution of higher
29	29	education or private or independent institution of higher
30	30	education, on any grounds or building on which an activity
31	31	sponsored by the institution is being conducted, or in a passenger
32	32	transportation vehicle of the institution;
33	33	(2) on the premises of a polling place on the day of an
34	34	election or while early voting is in progress;
35	35	(3) on the premises of any government court or offices
36	36	utilized by the court, unless pursuant to written regulations or
37	37	written authorization of the court;
38	38	(4) on the premises of a racetrack;
39	39	(5) in or into a secured area of an airport;
40	40	(6) within 1,000 feet of premises the location of
41	41	which is designated by the Texas Department of Criminal Justice as a
42	42	place of execution under Article 43.19, Code of Criminal Procedure,
43	43	on a day that a sentence of death is set to be imposed on the
44	44	designated premises and the person received notice that:
45	45	(A) going within 1,000 feet of the premises with
46	46	a weapon listed under this subsection was prohibited; or
47	47	(B) possessing a weapon listed under this
48	48	subsection within 1,000 feet of the premises was prohibited;
49	49	(7) on the premises of a business that has a permit or
50	50	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
51	51	Beverage Code, if the business derives 51 percent or more of its
52	52	income from the sale or service of alcoholic beverages for
53	53	on-premises consumption, as determined by the Texas Alcoholic
54	54	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
55	55	(8) on the premises where a high school, collegiate,
56	56	or professional sporting event or interscholastic event is taking
57	57	place, unless the person is a participant in the event and a
58	58	firearm, location-restricted knife, club, or prohibited weapon
59	59	listed in Section 46.05(a) is used in the event;
60	60	(9) on the premises of a correctional facility;
61	61	(10) on the premises of a civil commitment facility;
62	62	(11) on the premises of a hospital licensed under
63	63	Chapter 241, Health and Safety Code, or on the premises of a nursing
64	64	facility licensed under Chapter 242, Health and Safety Code, unless
65	65	the person has written authorization of the hospital or nursing
66	66	facility administration, as appropriate;
67	67	(12) on the premises of a mental hospital, as defined
68	68	by Section 571.003, Health and Safety Code, unless the person has
69	69	written authorization of the mental hospital administration;
70	70	(13) in an amusement park; [or]
71	71	(14) in the room or rooms where a meeting of a
72	72	governmental entity is held, if the meeting is an open meeting
73	73	subject to Chapter 551, Government Code, and if the entity provided
74	74	notice as required by that chapter;
75	75	(15) on the premises of a museum;
76	76	(16) on the premises of a child-care or recreational
77	77	facility; or
78	78	(17) in a public park.
79	79	(g-2) An offense committed under Subsection (a)(8),
80	80	(a)(10), (a)(11), (a)(13), (a)(15), (a)(16), (a)(17), (a-2),
81	81	(a-3), or (a-4) is a Class A misdemeanor.
82	82	SECTION 2. Section 46.15(b), Penal Code, is amended to read
83	83	as follows:
84	84	(b) Sections 46.02, 46.03(a)(14), (a)(15), (a)(16), and
85	85	(a)(17), and 46.04(a-1) do not apply to a person who:
86	86	(1) is in the actual discharge of official duties as a
87	87	member of the armed forces or state military forces as defined by
88	88	Section 437.001, Government Code, or as a guard employed by a penal
89	89	institution;
90	90	(2) is traveling;
91	91	(3) is engaging in lawful hunting, fishing, or other
92	92	sporting activity on the immediate premises where the activity is
93	93	conducted, or is en route between the premises and the actor's
94	94	residence, motor vehicle, or watercraft, if the weapon is a type
95	95	commonly used in the activity;
96	96	(4) holds a security officer commission issued by the
97	97	Texas Private Security Board, if the person is engaged in the
98	98	performance of the person's duties as an officer commissioned under
99	99	Chapter 1702, Occupations Code, or is traveling to or from the
100	100	person's place of assignment and is wearing the officer's uniform
101	101	and carrying the officer's weapon in plain view;
102	102	(5) acts as a personal protection officer and carries
103	103	the person's security officer commission and personal protection
104	104	officer authorization, if the person:
105	105	(A) is engaged in the performance of the person's
106	106	duties as a personal protection officer under Chapter 1702,
107	107	Occupations Code, or is traveling to or from the person's place of
108	108	assignment; and
109	109	(B) is either:
110	110	(i) wearing the uniform of a security
111	111	officer, including any uniform or apparel described by Section
112	112	1702.323(d), Occupations Code, and carrying the officer's weapon in
113	113	plain view; or
114	114	(ii) not wearing the uniform of a security
115	115	officer and carrying the officer's weapon in a concealed manner;
116	116	(6) is carrying:
117	117	(A) a license issued under Subchapter H, Chapter
118	118	411, Government Code, to carry a handgun; and
119	119	(B) a handgun:
120	120	(i) in a concealed manner; or
121	121	(ii) in a holster;
122	122	(7) holds an alcoholic beverage permit or license or
123	123	is an employee of a holder of an alcoholic beverage permit or
124	124	license if the person is supervising the operation of the permitted
125	125	or licensed premises; or
126	126	(8) is a student in a law enforcement class engaging in
127	127	an activity required as part of the class, if the weapon is a type
128	128	commonly used in the activity and the person is:
129	129	(A) on the immediate premises where the activity
130	130	is conducted; or
131	131	(B) en route between those premises and the
132	132	person's residence and is carrying the weapon unloaded.
133	133	SECTION 3. The change in law made by this Act applies only
134	134	to an offense committed on or after the effective date of this Act.
135	135	An offense committed before the effective date of this Act is
136	136	governed by the law in effect on the date the offense was committed,
137	137	and the former law is continued in effect for that purpose. For
138	138	purposes of this section, an offense was committed before the
139	139	effective date of this Act if any element of the offense occurred
140	140	before that date.
141	141	SECTION 4. This Act takes effect September 1, 2023.