By: Zwiener H.B. No. 4141
A BILL TO BE ENTITLED
AN ACT
relating to certain offenses that are associated with possessing,
carrying, exhibiting, or using a firearm on or within 1,000 feet of
school property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.08131(b), Education Code, is amended
to read as follows:
(b) A public or private primary or secondary school may
enter into a memorandum of understanding with another public or
private primary or secondary school under which a school marshal
appointed to a campus of the school may temporarily act as a school
marshal at a campus of the other school for the duration of an event
occurring at the campus of the other school at which both schools
are participating. The memorandum of understanding must comply
with the requirements for written regulations under Section 37.0811
or 37.0813, as applicable, and may be used to satisfy the
requirement for written regulations or written authorization under
Section 46.03(a)(1-a) [46.03(a)(1)], Penal Code, to allow that
school marshal to carry a firearm on the premises of the public or
private primary or secondary school at which the event occurs.
SECTION 2. Section 37.0814(d), Education Code, is amended
to read as follows:
(d) The board of trustees of a school district that claims a
good cause exception under Subsection (c) must develop an
alternative standard with which the district is able to comply,
which may include providing a person to act as a security officer
who is:
(1) a school marshal; or
(2) a school district employee or a person with whom
the district contracts who:
(A) has completed school safety training
provided by a qualified handgun instructor certified in school
safety under Section 411.1901, Government Code; and
(B) carries a handgun on school premises in
accordance with written regulations or written authorization of the
district under Section 46.03(a)(1-a) [46.03(a)(1)(A)], Penal Code.
SECTION 3. Section 37.125(a), Education Code, is amended to
read as follows:
(a) A person commits an offense if, in a manner intended to
cause alarm or personal injury to another person or to damage school
property, the person intentionally:
(1) exhibits or uses a firearm:
(A) on or within 1,000 feet of property owned by a
private or public school, as measured from any point on the school's
real property boundary line [in or on any property, including a
parking lot, parking garage, or other parking area, that is owned by
a private or public school]; or
(B) on a school bus being used to transport
children to or from school-sponsored activities of a private or
public school;
(2) threatens to exhibit or use a firearm [in or] on or
within 1,000 feet of property described by Subdivision (1)(A) or on
a bus described by Subdivision (1)(B) and was in possession of or
had immediate access to the firearm; or
(3) threatens to exhibit or use a firearm [in or] on or
within 1,000 feet of property described by Subdivision (1)(A) or on
a bus described by Subdivision (1)(B).
SECTION 4. Section 46.03, Penal Code, is amended by
amending Subsection (a) and adding Subsection (j) 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) with respect to a location-restricted knife, club,
or prohibited weapon listed in Section 46.05(a), on the premises of
a school, on any grounds or building owned by and under the control
of a school and on which an activity sponsored by the school is
being conducted, or in a passenger transportation vehicle of a
school, whether the school is public or private, unless the person
possesses or goes with the weapon pursuant to written regulations
or written authorization of the school;
(1-a) with respect to a firearm, on or within 1,000
feet of the premises of a school, on or within 1,000 feet of any
grounds or building owned by and under the control of a school and
on which an activity sponsored by the school is being conducted, or
in a passenger transportation vehicle of a school, whether the
school is public or private, unless the person possesses or goes
with the firearm pursuant to written regulations or written
authorization of the school;
(1-b) on the premises of a [school or] postsecondary
educational institution, on any grounds or building owned by and
under the control of a [school or] postsecondary educational
institution and on which an activity sponsored by the [school or]
institution is being conducted, or in a passenger transportation
vehicle of a [school or] postsecondary educational institution,
whether the [school or] postsecondary educational institution is
public or private, unless:
(A) pursuant to written regulations or written
authorization of the [school or] institution; or
(B) the person possesses or goes on the premises,
grounds, or building of the institution or in the passenger
transportation vehicle of the institution 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 a postsecondary educational
institution, on any grounds or building owned by and under the
control of the institution and 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.
(j) It is a defense to prosecution under Subsection (a)(1-a)
that the actor otherwise lawfully possessed the firearm and that:
(1) the actor's possession occurred on private
property, including in a place of residence or place of business,
that is not located on or otherwise part of the school grounds if:
(A) the owner, controller, or operator of the
premises or a person acting with the apparent authority of the
owner, controller, or operator, authorized the carrying of the
handgun;
(B) the person carrying the handgun complies with
any rules and regulations of the owner, controller, or operator of
the premises that govern the carrying of a handgun on the premises;
and
(C) the person is not prohibited by state or
federal law from possessing a firearm; or
(2) the firearm at all times remained stored in a
locked container in, or the locked trunk of, a privately owned or
leased motor vehicle while the vehicle was in transit between:
(A) any properties described by Subdivision (1)
that are located within the prohibited area described by Subsection
(a)(1-a); or
(B) a property described by Subdivision (1) and
another location outside the prohibited area described by
Subsection (a)(1-a).
SECTION 5. Section 46.11(b), Penal Code, is amended to read
as follows:
(b) This section does not apply to an offense under Section
46.03(a)(1), (1-a), or (1-b) [Section 46.03(a)(1)].
SECTION 6. Section 46.15(l), Penal Code, is amended to read
as follows:
(l) Sections 46.02 and 46.03(a)(1-a), (a)(1-b)
[46.03(a)(1)], (a)(2), (a)(3), and (a)(4) do not apply to a person
who carries a handgun if:
(1) the person carries the handgun on the premises, as
defined by the statute providing the applicable offense, of a
location operating as an emergency shelter during a state of
disaster declared under Section 418.014, Government Code, or a
local state of disaster declared under Section 418.108, Government
Code;
(2) the owner, controller, or operator of the premises
or a person acting with the apparent authority of the owner,
controller, or operator, authorized the carrying of the handgun;
(3) the person carrying the handgun complies with any
rules and regulations of the owner, controller, or operator of the
premises that govern the carrying of a handgun on the premises; and
(4) the person is not prohibited by state or federal
law from possessing a firearm.
SECTION 7. 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 8. This Act takes effect September 1, 2025.