| 1 | 1 | | By: Zwiener H.B. No. 111 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to prohibiting the possession of weapons on public |
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| 7 | 7 | | property within 1000 feet of a school in Texas. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sec. 46.03, Penal Code, is amended to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person |
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| 12 | 12 | | commits an offense if the person intentionally, knowingly, or |
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| 13 | 13 | | recklessly possesses or goes with a firearm, location-restricted |
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| 14 | 14 | | knife, club, or prohibited weapon listed in Section 46.05(a): |
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| 15 | 15 | | (1) on the premises of a school or postsecondary |
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| 16 | 16 | | educational institution, on any grounds or building owned by and |
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| 17 | 17 | | under the control of a school or postsecondary educational |
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| 18 | 18 | | institution and on which an activity sponsored by the school or |
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| 19 | 19 | | institution is being conducted, on public property within 1000 feet |
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| 20 | 20 | | of a school, or in a passenger transportation vehicle of a school or |
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| 21 | 21 | | postsecondary educational institution, whether the school or |
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| 22 | 22 | | postsecondary educational institution is public or private, |
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| 23 | 23 | | unless: |
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| 24 | 24 | | (A) pursuant to written regulations or written |
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| 25 | 25 | | authorization of the school or institution; or |
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| 26 | 26 | | (B) the person possesses or goes with a concealed |
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| 27 | 27 | | handgun that the person is licensed to carry under Subchapter H, |
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| 28 | 28 | | Chapter 411, Government Code, and no other weapon to which this |
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| 29 | 29 | | section applies, on the premises of a postsecondary educational |
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| 30 | 30 | | institution, on any grounds or building owned by and under the |
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| 31 | 31 | | control of the institution and on which an activity sponsored by the |
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| 32 | 32 | | institution is being conducted, or in a passenger transportation |
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| 33 | 33 | | vehicle of the institution; |
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| 34 | 34 | | (2) on the premises of a polling place on the day of an |
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| 35 | 35 | | election or while early voting is in progress; |
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| 36 | 36 | | (3) on the premises of any government court or offices |
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| 37 | 37 | | utilized by the court, unless pursuant to written regulations or |
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| 38 | 38 | | written authorization of the court; |
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| 39 | 39 | | (4) on the premises of a racetrack; |
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| 40 | 40 | | (5) in or into a secured area of an airport; |
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| 41 | 41 | | (6) within 1,000 feet of premises the location of |
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| 42 | 42 | | which is designated by the Texas Department of Criminal Justice as a |
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| 43 | 43 | | place of execution under Article 43.19, Code of Criminal Procedure, |
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| 44 | 44 | | on a day that a sentence of death is set to be imposed on the |
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| 45 | 45 | | designated premises and the person received notice that: |
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| 46 | 46 | | (A) going within 1,000 feet of the premises with |
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| 47 | 47 | | a weapon listed under this subsection was prohibited; or |
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| 48 | 48 | | (B) possessing a weapon listed under this |
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| 49 | 49 | | subsection within 1,000 feet of the premises was prohibited; |
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| 50 | 50 | | (7) on the premises of a business that has a permit or |
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| 51 | 51 | | license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
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| 52 | 52 | | Beverage Code, if the business derives 51 percent or more of its |
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| 53 | 53 | | income from the sale or service of alcoholic beverages for |
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| 54 | 54 | | on-premises consumption, as determined by the Texas Alcoholic |
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| 55 | 55 | | Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
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| 56 | 56 | | (8) on the premises where a high school, collegiate, |
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| 57 | 57 | | or professional sporting event or interscholastic event is taking |
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| 58 | 58 | | place, unless the person is a participant in the event and a |
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| 59 | 59 | | firearm, location-restricted knife, club, or prohibited weapon |
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| 60 | 60 | | listed in Section 46.05(a) is used in the event; |
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| 61 | 61 | | (9) on the premises of a correctional facility; |
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| 62 | 62 | | (10) on the premises of a civil commitment facility; |
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| 63 | 63 | | (11) on the premises of a hospital licensed under |
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| 64 | 64 | | Chapter 241, Health and Safety Code, or on the premises of a nursing |
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| 65 | 65 | | facility licensed under Chapter 242, Health and Safety Code, unless |
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| 66 | 66 | | the person has written authorization of the hospital or nursing |
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| 67 | 67 | | facility administration, as appropriate; |
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| 68 | 68 | | (12) on the premises of a mental hospital, as defined |
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| 69 | 69 | | by Section 571.003, Health and Safety Code, unless the person has |
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| 70 | 70 | | written authorization of the mental hospital administration; |
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| 71 | 71 | | (13) in an amusement park; or |
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| 72 | 72 | | (14) in the room or rooms where a meeting of a |
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| 73 | 73 | | governmental entity is held, if the meeting is an open meeting |
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| 74 | 74 | | subject to Chapter 551, Government Code, and if the entity provided |
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| 75 | 75 | | notice as required by that chapter. |
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| 76 | 76 | | SECTION 2. This Act takes effect on March 1st, 2024. |
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