| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the carrying of concealed handguns by certain license |
|
|
holders on certain locations associated with a public or private |
|
|
school or educational institution. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 46.03, Penal Code, is amended by |
|
|
amending Subsection (a) and adding Subsection (b-1) to read as |
|
|
follows: |
|
|
(a) A person commits an offense if the person intentionally, |
|
|
knowingly, or recklessly possesses or goes with a firearm, illegal |
|
|
knife, club, or prohibited weapon listed in Section 46.05(a): |
|
|
(1) unless pursuant to written regulations or written |
|
|
authorization of a school or educational institution, regardless of |
|
|
whether the school or educational institution is public or private, |
|
|
on: |
|
|
(A) the physical premises of the [a] school or |
|
|
educational institution; |
|
|
(B) [,] any grounds or building on which an |
|
|
activity sponsored by the [a] school or educational institution is |
|
|
being conducted; [,] or |
|
|
(C) a passenger transportation vehicle of the [a] |
|
|
school or educational institution[, whether the school or
|
|
|
educational institution is public or private, unless pursuant to
|
|
|
written regulations or written authorization 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; or |
|
|
(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. |
|
|
(b-1) It is a defense to prosecution under Subsection |
|
|
(a)(1)(B) that at the time of the commission of the offense: |
|
|
(1) the actor was carrying a handgun under the |
|
|
authority of Subchapter H, Chapter 411, Government Code, and no |
|
|
other weapon to which this section applies; |
|
|
(2) the actor was not otherwise prohibited from |
|
|
carrying the handgun under another provision of this code or other |
|
|
law; |
|
|
(3) the activity sponsored by the school or |
|
|
educational institution was a field trip; and |
|
|
(4) the actor was not a student, teacher, school or |
|
|
school district administrator, or chaperone taking the field trip. |
|
|
SECTION 2. 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 3. This Act takes effect September 1, 2015. |