Texas 2025 - 89th Regular

Texas House Bill HB4201 Compare Versions

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

Old	New	Differences
1	1	89R8150 JSC-F
2	2	By: Schatzline H.B. No. 4201
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the locations where a handgun license holder may carry a
10	10	handgun.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 37.0814(d), Education Code, is amended
13	13	to read as follows:
14	14	(d) The board of trustees of a school district that claims a
15	15	good cause exception under Subsection (c) must develop an
16	16	alternative standard with which the district is able to comply,
17	17	which may include providing a person to act as a security officer
18	18	who is:
19	19	(1) a school marshal; or
20	20	(2) a school district employee or a person with whom
21	21	the district contracts who:
22	22	(A) has completed school safety training
23	23	provided by a qualified handgun instructor certified in school
24	24	safety under Section 411.1901, Government Code; and
25	25	(B) carries a handgun on school premises in
26	26	accordance with written regulations or written authorization of the
27	27	district under Section 46.03(a)(1) [46.03(a)(1)(A)], Penal Code.
28	28	SECTION 2. Section 411.209(a), Government Code, is amended
29	29	to read as follows:
30	30	(a) Except as provided by Subsection (i), a state agency or
31	31	a political subdivision of the state may not take any action,
32	32	including an action consisting of the provision of notice by a
33	33	communication described by Section 30.06 or 30.07, Penal Code, that
34	34	states or implies that a license holder who is carrying a handgun
35	35	under the authority of this subchapter is prohibited from entering
36	36	or remaining on a premises or other place owned or leased by the
37	37	governmental entity unless license holders are prohibited from
38	38	carrying a handgun on the premises or other place by [Section 46.03,
39	39	Penal Code, or] other law.
40	40	SECTION 3. Section 30.06(e), Penal Code, is amended to read
41	41	as follows:
42	42	(e) It is an exception to the application of this section
43	43	that the property on which the license holder carries a handgun is
44	44	owned or leased by a governmental entity [and is not a premises or
45	45	other place on which the license holder is prohibited from carrying
46	46	the handgun under Section 46.03].
47	47	SECTION 4. Section 30.07(e), Penal Code, is amended to read
48	48	as follows:
49	49	(e) It is an exception to the application of this section
50	50	that the property on which the license holder openly carries the
51	51	handgun is owned or leased by a governmental entity [and is not a
52	52	premises or other place on which the license holder is prohibited
53	53	from carrying the handgun under Section 46.03].
54	54	SECTION 5. Sections 46.03(a) and (g-2), Penal Code, are
55	55	amended to read as follows:
56	56	(a) A person commits an offense if the person intentionally,
57	57	knowingly, or recklessly possesses or goes with a firearm,
58	58	location-restricted knife, club, or prohibited weapon listed in
59	59	Section 46.05(a):
60	60	(1) on the premises of a school or postsecondary
61	61	educational institution, on any grounds or building owned by and
62	62	under the control of a school or postsecondary educational
63	63	institution and on which an activity sponsored by the school or
64	64	institution is being conducted, or in a passenger transportation
65	65	vehicle of a school or postsecondary educational institution,
66	66	whether the school or postsecondary educational institution is
67	67	public or private, unless[:
68	68	[(A)] pursuant to written regulations or written
69	69	authorization of the school or institution; [or
70	70	[(B) the person possesses or goes with a
71	71	concealed handgun that the person is licensed to carry under
72	72	Subchapter H, Chapter 411, Government Code, and no other weapon to
73	73	which this section applies, on the premises of a postsecondary
74	74	educational institution, on any grounds or building owned by and
75	75	under the control of the institution and on which an activity
76	76	sponsored by the institution is being conducted, or in a passenger
77	77	transportation vehicle of the institution;]
78	78	(2) on the premises of a polling place on the day of an
79	79	election or while early voting is in progress;
80	80	(3) on the premises of any government court or offices
81	81	utilized by the court, unless pursuant to written regulations or
82	82	written authorization of the court;
83	83	(4) on the premises of a racetrack;
84	84	(5) in or into a secured area of an airport;
85	85	(6) within 1,000 feet of premises the location of
86	86	which is designated by the Texas Department of Criminal Justice as a
87	87	place of execution under Article 43.19, Code of Criminal Procedure,
88	88	on a day that a sentence of death is set to be imposed on the
89	89	designated premises and the person received notice that:
90	90	(A) going within 1,000 feet of the premises with
91	91	a weapon listed under this subsection was prohibited; or
92	92	(B) possessing a weapon listed under this
93	93	subsection within 1,000 feet of the premises was prohibited;
94	94	(7) on the premises of a business that has a permit or
95	95	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
96	96	Beverage Code, if the business derives 51 percent or more of its
97	97	income from the sale or service of alcoholic beverages for
98	98	on-premises consumption, as determined by the Texas Alcoholic
99	99	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
100	100	(8) on the premises where a high school, collegiate,
101	101	or professional sporting event or interscholastic event is taking
102	102	place, unless the person is a participant in the event and a
103	103	firearm, location-restricted knife, club, or prohibited weapon
104	104	listed in Section 46.05(a) is used in the event;
105	105	(9) on the premises of a correctional facility;
106	106	(10) on the premises of a civil commitment facility;
107	107	(11) on the premises of a hospital licensed under
108	108	Chapter 241, Health and Safety Code, or on the premises of a nursing
109	109	facility licensed under Chapter 242, Health and Safety Code, unless
110	110	the person has written authorization of the hospital or nursing
111	111	facility administration, as appropriate;
112	112	(12) on the premises of a mental hospital, as defined
113	113	by Section 571.003, Health and Safety Code, unless the person has
114	114	written authorization of the mental hospital administration;
115	115	(13) in an amusement park; or
116	116	(14) in the room or rooms where a meeting of a
117	117	governmental entity is held, if the meeting is an open meeting
118	118	subject to Chapter 551, Government Code, and if the entity provided
119	119	notice as required by that chapter.
120	120	(g-2) An offense committed under Subsection (a)(8),
121	121	(a)(10), (a)(11), or (a)(13)[, (a-2), (a-3), or (a-4)] is a Class A
122	122	misdemeanor.
123	123	SECTION 6. Section 46.15(a), Penal Code, as amended by
124	124	Chapters 501 (H.B. 2291), 765 (H.B. 4504), and 1077 (S.B. 599), Acts
125	125	of the 88th Legislature, Regular Session, 2023, is reenacted and
126	126	amended to read as follows:
127	127	(a) Sections 46.02 and 46.03 do not apply to:
128	128	(1) peace officers or special investigators under
129	129	Article 2A.002, Code of Criminal Procedure, and neither section
130	130	prohibits a peace officer or special investigator from carrying a
131	131	weapon in this state, including in an establishment in this state
132	132	serving the public, regardless of whether the peace officer or
133	133	special investigator is engaged in the actual discharge of the
134	134	officer's or investigator's duties while carrying the weapon;
135	135	(2) parole officers, and neither section prohibits an
136	136	officer from carrying a weapon in this state if the officer is:
137	137	(A) engaged in the actual discharge of the
138	138	officer's duties while carrying the weapon; and
139	139	(B) in compliance with policies and procedures
140	140	adopted by the Texas Department of Criminal Justice regarding the
141	141	possession of a weapon by an officer while on duty;
142	142	(3) community supervision and corrections department
143	143	officers appointed or employed under Section 76.004, Government
144	144	Code, and neither section prohibits an officer from carrying a
145	145	weapon in this state if the officer is:
146	146	(A) engaged in the actual discharge of the
147	147	officer's duties while carrying the weapon; and
148	148	(B) authorized to carry a weapon under Section
149	149	76.0051, Government Code;
150	150	(4) an active or retired judicial officer as defined
151	151	by Section 411.201, Government Code, who is licensed to carry a
152	152	handgun under Subchapter H, Chapter 411, Government Code;
153	153	(5) an honorably retired peace officer or other
154	154	qualified retired law enforcement officer, as defined by 18 U.S.C.
155	155	Section 926C, who holds a certificate of proficiency issued under
156	156	Section 1701.357, Occupations Code, and is carrying a photo
157	157	identification that is issued by a federal, state, or local law
158	158	enforcement agency, as applicable, and that verifies that the
159	159	officer is an honorably retired peace officer or other qualified
160	160	retired law enforcement officer;
161	161	(6) the attorney general or a United States attorney,
162	162	district attorney, criminal district attorney, county attorney, or
163	163	municipal attorney who is licensed to carry a handgun under
164	164	Subchapter H, Chapter 411, Government Code;
165	165	(7) an assistant United States attorney, assistant
166	166	attorney general, assistant district attorney, assistant criminal
167	167	district attorney, or assistant county attorney who is licensed to
168	168	carry a handgun under Subchapter H, Chapter 411, Government Code;
169	169	(8) a bailiff designated by an active judicial officer
170	170	as defined by Section 411.201, Government Code, who is:
171	171	(A) licensed to carry a handgun under Subchapter
172	172	H, Chapter 411, Government Code; and
173	173	(B) engaged in escorting the judicial officer;
174	174	(9) a juvenile probation officer who is authorized to
175	175	carry a firearm under Section 142.006, Human Resources Code;
176	176	(10) [a person who is volunteer emergency services
177	177	personnel if the person is:
178	178	[(A) carrying a handgun under the authority of
179	179	Subchapter H, Chapter 411, Government Code; and
180	180	[(B) engaged in providing emergency services; or
181	181	[(11)] a person who:
182	182	(A) retired after serving as a judge or justice
183	183	described by Section 411.201(a)(1), Government Code; and
184	184	(B) is licensed to carry a handgun under
185	185	Subchapter H, Chapter 411, Government Code; or
186	186	(11) a person who is carrying:
187	187	(A) a license issued under Subchapter H, Chapter
188	188	411, Government Code, to carry a handgun; and
189	189	(B) a handgun:
190	190	(i) in a concealed manner; or
191	191	(ii) in a holster [a district or county
192	192	clerk who is carrying a handgun the clerk is licensed to carry under
193	193	Subchapter H, Chapter 411, Government Code].
194	194	SECTION 7. Section 46.15(j), Penal Code, is amended to read
195	195	as follows:
196	196	(j) The provisions of Sections 46.02 and 46.03(a)(7)[,
197	197	(a-2), (a-3), and (a-4)] do not apply to an individual who carries a
198	198	handgun as a participant in a historical reenactment performed in
199	199	accordance with the rules of the Texas Alcoholic Beverage
200	200	Commission.
201	201	SECTION 8. The following provisions are repealed:
202	202	(1) Section 104.06(c), Alcoholic Beverage Code;
203	203	(2) Section 411.204, Government Code;
204	204	(3) Section 552.002, Health and Safety Code;
205	205	(4) Sections 46.03(a-2), (a-3), (a-4), (e-1), (e-2),
206	206	and (f), Penal Code; and
207	207	(5) Sections 46.15(p), (q), and (r), Penal Code.
208	208	SECTION 9. The changes in law made by this Act apply only to
209	209	an offense committed on or after the effective date of this Act. An
210	210	offense committed before the effective date of this Act is governed
211	211	by the law in effect on the date the offense was committed, and the
212	212	former law is continued in effect for that purpose. For purposes of
213	213	this section, an offense was committed before the effective date of
214	214	this Act if any element of the offense occurred before that date.
215	215	SECTION 10. To the extent of any conflict, this Act prevails
216	216	over another Act of the 89th Legislature, Regular Session, 2025,
217	217	relating to nonsubstantive additions to and corrections in enacted
218	218	codes.
219	219	SECTION 11. This Act takes effect September 1, 2025.