Texas 2025 - 89th Regular

Texas House Bill HB2044 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R9061 AJZ-D
2	2	By: Goodwin H.B. No. 2044
3	3
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain offenses and conduct subject to expulsion that
10	10	are associated with possessing, carrying, exhibiting, or using a
11	11	firearm on or within 1,000 feet of school property.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 37.007(b), Education Code, is amended to
14	14	read as follows:
15	15	(b) A student may be expelled if the student:
16	16	(1) engages in conduct involving a public school that
17	17	contains the elements of the offense of false alarm or report under
18	18	Section 42.06, Penal Code, or terroristic threat under Section
19	19	22.07, Penal Code;
20	20	(2) while on or within 300 feet of school property, as
21	21	measured from any point on the school's real property boundary
22	22	line, or while attending a school-sponsored or school-related
23	23	activity on or off of school property:
24	24	(A) sells, gives, or delivers to another person
25	25	or possesses, uses, or is under the influence of any amount of:
26	26	(i) marihuana or a controlled substance, as
27	27	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
28	28	Section 801 et seq.;
29	29	(ii) a dangerous drug, as defined by
30	30	Chapter 483, Health and Safety Code; or
31	31	(iii) an alcoholic beverage, as defined by
32	32	Section 1.04, Alcoholic Beverage Code;
33	33	(B) engages in conduct that contains the elements
34	34	of an offense relating to an abusable volatile chemical under
35	35	Sections 485.031 through 485.034, Health and Safety Code;
36	36	(C) engages in conduct that contains the elements
37	37	of an offense under Section 22.01(a)(1), Penal Code, against a
38	38	school district employee or a volunteer as defined by Section
39	39	22.053; or
40	40	(D) engages in conduct that contains the elements
41	41	of the offense of deadly conduct under Section 22.05, Penal Code;
42	42	(3) subject to Subsection (d)[, while within 300 feet
43	43	of school property, as measured from any point on the school's real
44	44	property boundary line]:
45	45	(A) while within 300 feet of school property, as
46	46	measured from any point on the school's real property boundary
47	47	line, engages in conduct specified by Subsection (a); or
48	48	(B) while on or within 1,000 feet of school
49	49	property, as measured from any point on the school's real property
50	50	boundary line, possesses a firearm, as defined by 18 U.S.C. Section
51	51	921;
52	52	(4) engages in conduct that contains the elements of
53	53	any offense listed in Subsection (a)(2)(A) or (C) or the offense of
54	54	aggravated robbery under Section 29.03, Penal Code, against another
55	55	student, without regard to whether the conduct occurs on or off of
56	56	school property or while attending a school-sponsored or
57	57	school-related activity on or off of school property; or
58	58	(5) engages in conduct that contains the elements of
59	59	the offense of breach of computer security under Section 33.02,
60	60	Penal Code, if:
61	61	(A) the conduct involves accessing a computer,
62	62	computer network, or computer system owned by or operated on behalf
63	63	of a school district; and
64	64	(B) the student knowingly:
65	65	(i) alters, damages, or deletes school
66	66	district property or information; or
67	67	(ii) commits a breach of any other
68	68	computer, computer network, or computer system.
69	69	SECTION 2. Section 37.08131(b), Education Code, is amended
70	70	to read as follows:
71	71	(b) A public or private primary or secondary school may
72	72	enter into a memorandum of understanding with another public or
73	73	private primary or secondary school under which a school marshal
74	74	appointed to a campus of the school may temporarily act as a school
75	75	marshal at a campus of the other school for the duration of an event
76	76	occurring at the campus of the other school at which both schools
77	77	are participating. The memorandum of understanding must comply
78	78	with the requirements for written regulations under Section 37.0811
79	79	or 37.0813, as applicable, and may be used to satisfy the
80	80	requirement for written regulations or written authorization under
81	81	Section 46.03(a)(1-a) [46.03(a)(1)], Penal Code, to allow that
82	82	school marshal to carry a firearm on the premises of the public or
83	83	private primary or secondary school at which the event occurs.
84	84	SECTION 3. Section 37.0814(d), Education Code, is amended
85	85	to read as follows:
86	86	(d) The board of trustees of a school district that claims a
87	87	good cause exception under Subsection (c) must develop an
88	88	alternative standard with which the district is able to comply,
89	89	which may include providing a person to act as a security officer
90	90	who is:
91	91	(1) a school marshal; or
92	92	(2) a school district employee or a person with whom
93	93	the district contracts who:
94	94	(A) has completed school safety training
95	95	provided by a qualified handgun instructor certified in school
96	96	safety under Section 411.1901, Government Code; and
97	97	(B) carries a handgun on school premises in
98	98	accordance with written regulations or written authorization of the
99	99	district under Section 46.03(a)(1-a) [46.03(a)(1)(A)], Penal Code.
100	100	SECTION 4. The heading to Section 37.125, Education Code,
101	101	is amended to read as follows:
102	102	Sec. 37.125. POSSESSION, EXHIBITION, USE, OR THREAT OF
103	103	EXHIBITION OR USE OF FIREARMS.
104	104	SECTION 5. Section 37.125(a), Education Code, is amended to
105	105	read as follows:
106	106	(a) A person commits an offense if, in a manner intended to
107	107	cause alarm or personal injury to another person or to damage school
108	108	property, the person intentionally:
109	109	(1) possesses, exhibits, or uses a firearm:
110	110	(A) on or within 1,000 feet of property owned by a
111	111	private or public school, as measured from any point on the school's
112	112	real property boundary line [in or on any property, including a
113	113	parking lot, parking garage, or other parking area, that is owned by
114	114	a private or public school]; or
115	115	(B) on a school bus being used to transport
116	116	children to or from school-sponsored activities of a private or
117	117	public school;
118	118	(2) threatens to exhibit or use a firearm [in or] on or
119	119	within 1,000 feet of property described by Subdivision (1)(A) or on
120	120	a bus described by Subdivision (1)(B) and [was in possession of or]
121	121	had immediate access to the firearm; or
122	122	(3) threatens to exhibit or use a firearm [in or] on or
123	123	within 1,000 feet of property described by Subdivision (1)(A) or on
124	124	a bus described by Subdivision (1)(B).
125	125	SECTION 6. Section 46.03, Penal Code, is amended by
126	126	amending Subsection (a) and adding Subsection (j) to read as
127	127	follows:
128	128	(a) A person commits an offense if the person intentionally,
129	129	knowingly, or recklessly possesses or goes with a firearm,
130	130	location-restricted knife, club, or prohibited weapon listed in
131	131	Section 46.05(a):
132	132	(1) with respect to a location-restricted knife, club,
133	133	or prohibited weapon listed in Section 46.05(a), on the premises of
134	134	a school, on any grounds or building owned by and under the control
135	135	of a school and on which an activity sponsored by the school is
136	136	being conducted, or in a passenger transportation vehicle of a
137	137	school, whether the school is public or private, unless the person
138	138	possesses or goes with the weapon pursuant to written regulations
139	139	or written authorization of the school;
140	140	(1-a) with respect to a firearm, on or within 1,000
141	141	feet of the premises of a school, on or within 1,000 feet of any
142	142	grounds or building owned by and under the control of a school and
143	143	on which an activity sponsored by the school is being conducted, or
144	144	in a passenger transportation vehicle of a school, whether the
145	145	school is public or private, unless the person possesses or goes
146	146	with the firearm pursuant to written regulations or written
147	147	authorization of the school;
148	148	(1-b) on the premises of a [school or] postsecondary
149	149	educational institution, on any grounds or building owned by and
150	150	under the control of a [school or] postsecondary educational
151	151	institution and on which an activity sponsored by the [school or]
152	152	institution is being conducted, or in a passenger transportation
153	153	vehicle of a [school or] postsecondary educational institution,
154	154	whether the [school or] postsecondary educational institution is
155	155	public or private, unless:
156	156	(A) pursuant to written regulations or written
157	157	authorization of the [school or] institution; or
158	158	(B) the person possesses or goes on the premises,
159	159	grounds, or building of the institution or in the passenger
160	160	transportation vehicle of the institution with a concealed handgun
161	161	that the person is licensed to carry under Subchapter H, Chapter
162	162	411, Government Code, and no other weapon to which this section
163	163	applies[, on the premises of a postsecondary educational
164	164	institution, on any grounds or building owned by and under the
165	165	control of the institution and on which an activity sponsored by the
166	166	institution is being conducted, or in a passenger transportation
167	167	vehicle of the institution];
168	168	(2) on the premises of a polling place on the day of an
169	169	election or while early voting is in progress;
170	170	(3) on the premises of any government court or offices
171	171	utilized by the court, unless pursuant to written regulations or
172	172	written authorization of the court;
173	173	(4) on the premises of a racetrack;
174	174	(5) in or into a secured area of an airport;
175	175	(6) within 1,000 feet of premises the location of
176	176	which is designated by the Texas Department of Criminal Justice as a
177	177	place of execution under Article 43.19, Code of Criminal Procedure,
178	178	on a day that a sentence of death is set to be imposed on the
179	179	designated premises and the person received notice that:
180	180	(A) going within 1,000 feet of the premises with
181	181	a weapon listed under this subsection was prohibited; or
182	182	(B) possessing a weapon listed under this
183	183	subsection within 1,000 feet of the premises was prohibited;
184	184	(7) on the premises of a business that has a permit or
185	185	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
186	186	Beverage Code, if the business derives 51 percent or more of its
187	187	income from the sale or service of alcoholic beverages for
188	188	on-premises consumption, as determined by the Texas Alcoholic
189	189	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
190	190	(8) on the premises where a high school, collegiate,
191	191	or professional sporting event or interscholastic event is taking
192	192	place, unless the person is a participant in the event and a
193	193	firearm, location-restricted knife, club, or prohibited weapon
194	194	listed in Section 46.05(a) is used in the event;
195	195	(9) on the premises of a correctional facility;
196	196	(10) on the premises of a civil commitment facility;
197	197	(11) on the premises of a hospital licensed under
198	198	Chapter 241, Health and Safety Code, or on the premises of a nursing
199	199	facility licensed under Chapter 242, Health and Safety Code, unless
200	200	the person has written authorization of the hospital or nursing
201	201	facility administration, as appropriate;
202	202	(12) on the premises of a mental hospital, as defined
203	203	by Section 571.003, Health and Safety Code, unless the person has
204	204	written authorization of the mental hospital administration;
205	205	(13) in an amusement park; or
206	206	(14) in the room or rooms where a meeting of a
207	207	governmental entity is held, if the meeting is an open meeting
208	208	subject to Chapter 551, Government Code, and if the entity provided
209	209	notice as required by that chapter.
210	210	(j) It is a defense to prosecution under Subsection (a)(1-a)
211	211	that the actor otherwise lawfully possessed the firearm and that:
212	212	(1) the actor's possession occurred on private
213	213	property that is the actor's place of residence and that is not
214	214	located on or otherwise part of the school grounds; or
215	215	(2) the firearm at all times remained stored in a
216	216	privately owned or leased motor vehicle while the vehicle was:
217	217	(A) in transit through or within the prohibited
218	218	area described by Subsection (a)(1-a), provided that the vehicle
219	219	did not travel through any part of the school grounds; or
220	220	(B) stopped for a legitimate purpose in the area
221	221	allowed under Paragraph (A), including for the purpose of a traffic
222	222	stop or an actual emergency.
223	223	SECTION 7. Section 46.11(b), Penal Code, is amended to read
224	224	as follows:
225	225	(b) This section does not apply to an offense under Section
226	226	46.03(a)(1), (1-a), or (1-b) [Section 46.03(a)(1)].
227	227	SECTION 8. Section 46.15(l), Penal Code, is amended to read
228	228	as follows:
229	229	(l) Sections 46.02 and 46.03(a)(1-a), (a)(1-b)
230	230	[46.03(a)(1)], (a)(2), (a)(3), and (a)(4) do not apply to a person
231	231	who carries a handgun if:
232	232	(1) the person carries the handgun on the premises, as
233	233	defined by the statute providing the applicable offense, of a
234	234	location operating as an emergency shelter during a state of
235	235	disaster declared under Section 418.014, Government Code, or a
236	236	local state of disaster declared under Section 418.108, Government
237	237	Code;
238	238	(2) the owner, controller, or operator of the premises
239	239	or a person acting with the apparent authority of the owner,
240	240	controller, or operator, authorized the carrying of the handgun;
241	241	(3) the person carrying the handgun complies with any
242	242	rules and regulations of the owner, controller, or operator of the
243	243	premises that govern the carrying of a handgun on the premises; and
244	244	(4) the person is not prohibited by state or federal
245	245	law from possessing a firearm.
246	246	SECTION 9. The change in law made by this Act applies only
247	247	to an offense committed on or after the effective date of this Act.
248	248	An offense committed before the effective date of this Act is
249	249	governed by the law in effect on the date the offense was committed,
250	250	and the former law is continued in effect for that purpose. For
251	251	purposes of this section, an offense was committed before the
252	252	effective date of this Act if any element of the offense occurred
253	253	before that date.
254	254	SECTION 10. This Act takes effect September 1, 2025.