Texas 2025 - 89th Regular

Texas House Bill HB4141 Compare Versions

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

Old	New	Differences
1	1	By: Zwiener H.B. No. 4141
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to certain offenses that are associated with possessing,
9	9	carrying, exhibiting, or using a firearm on or within 1,000 feet of
10	10	school property.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 37.08131(b), Education Code, is amended
13	13	to read as follows:
14	14	(b) A public or private primary or secondary school may
15	15	enter into a memorandum of understanding with another public or
16	16	private primary or secondary school under which a school marshal
17	17	appointed to a campus of the school may temporarily act as a school
18	18	marshal at a campus of the other school for the duration of an event
19	19	occurring at the campus of the other school at which both schools
20	20	are participating. The memorandum of understanding must comply
21	21	with the requirements for written regulations under Section 37.0811
22	22	or 37.0813, as applicable, and may be used to satisfy the
23	23	requirement for written regulations or written authorization under
24	24	Section 46.03(a)(1-a) [46.03(a)(1)], Penal Code, to allow that
25	25	school marshal to carry a firearm on the premises of the public or
26	26	private primary or secondary school at which the event occurs.
27	27	SECTION 2. Section 37.0814(d), Education Code, is amended
28	28	to read as follows:
29	29	(d) The board of trustees of a school district that claims a
30	30	good cause exception under Subsection (c) must develop an
31	31	alternative standard with which the district is able to comply,
32	32	which may include providing a person to act as a security officer
33	33	who is:
34	34	(1) a school marshal; or
35	35	(2) a school district employee or a person with whom
36	36	the district contracts who:
37	37	(A) has completed school safety training
38	38	provided by a qualified handgun instructor certified in school
39	39	safety under Section 411.1901, Government Code; and
40	40	(B) carries a handgun on school premises in
41	41	accordance with written regulations or written authorization of the
42	42	district under Section 46.03(a)(1-a) [46.03(a)(1)(A)], Penal Code.
43	43	SECTION 3. Section 37.125(a), Education Code, is amended to
44	44	read as follows:
45	45	(a) A person commits an offense if, in a manner intended to
46	46	cause alarm or personal injury to another person or to damage school
47	47	property, the person intentionally:
48	48	(1) exhibits or uses a firearm:
49	49	(A) on or within 1,000 feet of property owned by a
50	50	private or public school, as measured from any point on the school's
51	51	real property boundary line [in or on any property, including a
52	52	parking lot, parking garage, or other parking area, that is owned by
53	53	a private or public school]; or
54	54	(B) on a school bus being used to transport
55	55	children to or from school-sponsored activities of a private or
56	56	public school;
57	57	(2) threatens to exhibit or use a firearm [in or] on or
58	58	within 1,000 feet of property described by Subdivision (1)(A) or on
59	59	a bus described by Subdivision (1)(B) and was in possession of or
60	60	had immediate access to the firearm; or
61	61	(3) threatens to exhibit or use a firearm [in or] on or
62	62	within 1,000 feet of property described by Subdivision (1)(A) or on
63	63	a bus described by Subdivision (1)(B).
64	64	SECTION 4. Section 46.03, Penal Code, is amended by
65	65	amending Subsection (a) and adding Subsection (j) to read as
66	66	follows:
67	67	(a) A person commits an offense if the person intentionally,
68	68	knowingly, or recklessly possesses or goes with a firearm,
69	69	location-restricted knife, club, or prohibited weapon listed in
70	70	Section 46.05(a):
71	71	(1) with respect to a location-restricted knife, club,
72	72	or prohibited weapon listed in Section 46.05(a), on the premises of
73	73	a school, on any grounds or building owned by and under the control
74	74	of a school and on which an activity sponsored by the school is
75	75	being conducted, or in a passenger transportation vehicle of a
76	76	school, whether the school is public or private, unless the person
77	77	possesses or goes with the weapon pursuant to written regulations
78	78	or written authorization of the school;
79	79	(1-a) with respect to a firearm, on or within 1,000
80	80	feet of the premises of a school, on or within 1,000 feet of any
81	81	grounds or building owned by and under the control of a school and
82	82	on which an activity sponsored by the school is being conducted, or
83	83	in a passenger transportation vehicle of a school, whether the
84	84	school is public or private, unless the person possesses or goes
85	85	with the firearm pursuant to written regulations or written
86	86	authorization of the school;
87	87	(1-b) on the premises of a [school or] postsecondary
88	88	educational institution, on any grounds or building owned by and
89	89	under the control of a [school or] postsecondary educational
90	90	institution and on which an activity sponsored by the [school or]
91	91	institution is being conducted, or in a passenger transportation
92	92	vehicle of a [school or] postsecondary educational institution,
93	93	whether the [school or] postsecondary educational institution is
94	94	public or private, unless:
95	95	(A) pursuant to written regulations or written
96	96	authorization of the [school or] institution; or
97	97	(B) the person possesses or goes on the premises,
98	98	grounds, or building of the institution or in the passenger
99	99	transportation vehicle of the institution with a concealed handgun
100	100	that the person is licensed to carry under Subchapter H, Chapter
101	101	411, Government Code, and no other weapon to which this section
102	102	applies[, on the premises of a postsecondary educational
103	103	institution, on any grounds or building owned by and under the
104	104	control of the institution and on which an activity sponsored by the
105	105	institution is being conducted, or in a passenger transportation
106	106	vehicle of the institution];
107	107	(2) on the premises of a polling place on the day of an
108	108	election or while early voting is in progress;
109	109	(3) on the premises of any government court or offices
110	110	utilized by the court, unless pursuant to written regulations or
111	111	written authorization of the court;
112	112	(4) on the premises of a racetrack;
113	113	(5) in or into a secured area of an airport;
114	114	(6) within 1,000 feet of premises the location of
115	115	which is designated by the Texas Department of Criminal Justice as a
116	116	place of execution under Article 43.19, Code of Criminal Procedure,
117	117	on a day that a sentence of death is set to be imposed on the
118	118	designated premises and the person received notice that:
119	119	(A) going within 1,000 feet of the premises with
120	120	a weapon listed under this subsection was prohibited; or
121	121	(B) possessing a weapon listed under this
122	122	subsection within 1,000 feet of the premises was prohibited;
123	123	(7) on the premises of a business that has a permit or
124	124	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
125	125	Beverage Code, if the business derives 51 percent or more of its
126	126	income from the sale or service of alcoholic beverages for
127	127	on-premises consumption, as determined by the Texas Alcoholic
128	128	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
129	129	(8) on the premises where a high school, collegiate,
130	130	or professional sporting event or interscholastic event is taking
131	131	place, unless the person is a participant in the event and a
132	132	firearm, location-restricted knife, club, or prohibited weapon
133	133	listed in Section 46.05(a) is used in the event;
134	134	(9) on the premises of a correctional facility;
135	135	(10) on the premises of a civil commitment facility;
136	136	(11) on the premises of a hospital licensed under
137	137	Chapter 241, Health and Safety Code, or on the premises of a nursing
138	138	facility licensed under Chapter 242, Health and Safety Code, unless
139	139	the person has written authorization of the hospital or nursing
140	140	facility administration, as appropriate;
141	141	(12) on the premises of a mental hospital, as defined
142	142	by Section 571.003, Health and Safety Code, unless the person has
143	143	written authorization of the mental hospital administration;
144	144	(13) in an amusement park; or
145	145	(14) in the room or rooms where a meeting of a
146	146	governmental entity is held, if the meeting is an open meeting
147	147	subject to Chapter 551, Government Code, and if the entity provided
148	148	notice as required by that chapter.
149	149	(j) It is a defense to prosecution under Subsection (a)(1-a)
150	150	that the actor otherwise lawfully possessed the firearm and that:
151	151	(1) the actor's possession occurred on private
152	152	property, including in a place of residence or place of business,
153	153	that is not located on or otherwise part of the school grounds if:
154	154	(A) the owner, controller, or operator of the
155	155	premises or a person acting with the apparent authority of the
156	156	owner, controller, or operator, authorized the carrying of the
157	157	handgun;
158	158	(B) the person carrying the handgun complies with
159	159	any rules and regulations of the owner, controller, or operator of
160	160	the premises that govern the carrying of a handgun on the premises;
161	161	and
162	162	(C) the person is not prohibited by state or
163	163	federal law from possessing a firearm; or
164	164	(2) the firearm at all times remained stored in a
165	165	locked container in, or the locked trunk of, a privately owned or
166	166	leased motor vehicle while the vehicle was in transit between:
167	167	(A) any properties described by Subdivision (1)
168	168	that are located within the prohibited area described by Subsection
169	169	(a)(1-a); or
170	170	(B) a property described by Subdivision (1) and
171	171	another location outside the prohibited area described by
172	172	Subsection (a)(1-a).
173	173	SECTION 5. Section 46.11(b), Penal Code, is amended to read
174	174	as follows:
175	175	(b) This section does not apply to an offense under Section
176	176	46.03(a)(1), (1-a), or (1-b) [Section 46.03(a)(1)].
177	177	SECTION 6. Section 46.15(l), Penal Code, is amended to read
178	178	as follows:
179	179	(l) Sections 46.02 and 46.03(a)(1-a), (a)(1-b)
180	180	[46.03(a)(1)], (a)(2), (a)(3), and (a)(4) do not apply to a person
181	181	who carries a handgun if:
182	182	(1) the person carries the handgun on the premises, as
183	183	defined by the statute providing the applicable offense, of a
184	184	location operating as an emergency shelter during a state of
185	185	disaster declared under Section 418.014, Government Code, or a
186	186	local state of disaster declared under Section 418.108, Government
187	187	Code;
188	188	(2) the owner, controller, or operator of the premises
189	189	or a person acting with the apparent authority of the owner,
190	190	controller, or operator, authorized the carrying of the handgun;
191	191	(3) the person carrying the handgun complies with any
192	192	rules and regulations of the owner, controller, or operator of the
193	193	premises that govern the carrying of a handgun on the premises; and
194	194	(4) the person is not prohibited by state or federal
195	195	law from possessing a firearm.
196	196	SECTION 7. The change in law made by this Act applies only
197	197	to an offense committed on or after the effective date of this Act.
198	198	An offense committed before the effective date of this Act is
199	199	governed by the law in effect on the date the offense was committed,
200	200	and the former law is continued in effect for that purpose. For
201	201	purposes of this section, an offense was committed before the
202	202	effective date of this Act if any element of the offense occurred
203	203	before that date.
204	204	SECTION 8. This Act takes effect September 1, 2025.