85R20467 JRR-F
	By: Frullo, Dutton, Kuempel, Moody, Springer,	H.B. No. 1935
	et al.
	Substitute the following for H.B. No. 1935:
	By:  Moody	C.S.H.B. No. 1935

	A BILL TO BE ENTITLED
	AN ACT
	relating to the carrying of certain knives.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 37.007(b), Education Code, is amended to
	read as follows:
	(b)  A student may be expelled if the student:
	(1)  engages in conduct involving a public school that
	contains the elements of the offense of false alarm or report under
	Section 42.06, Penal Code, or terroristic threat under Section
	22.07, Penal Code;
	(2)  while on or within 300 feet of school property, as
	measured from any point on the school's real property boundary
	line, or while attending a school-sponsored or school-related
	activity on or off of school property:
	(A)  sells, gives, or delivers to another person
	or possesses, uses, or is under the influence of any amount of:
	(i)  marihuana or a controlled substance, as
	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
	Section 801 et seq.;
	(ii)  a dangerous drug, as defined by
	Chapter 483, Health and Safety Code; or
	(iii)  an alcoholic beverage, as defined by
	Section 1.04, Alcoholic Beverage Code;
	(B)  engages in conduct that contains the elements
	of an offense relating to an abusable volatile chemical under
	Sections 485.031 through 485.034, Health and Safety Code;
	(C)  engages in conduct that contains the elements
	of an offense under Section 22.01(a)(1), Penal Code, against a
	school district employee or a volunteer as defined by Section
	22.053; or
	(D)  engages in conduct that contains the elements
	of the offense of deadly conduct under Section 22.05, Penal Code;
	(3)  subject to Subsection (d), while within 300 feet
	of school property, as measured from any point on the school's real
	property boundary line:
	(A)  engages in conduct specified by Subsection
	(a); or
	(B)  possesses a firearm, as defined by 18 U.S.C.
	Section 921;
	(4)  engages in conduct that contains the elements of
	any offense listed in Subsection (a)(2)(A) or (C) or the offense of
	aggravated robbery under Section 29.03, Penal Code, against another
	student, without regard to whether the conduct occurs on or off of
	school property or while attending a school-sponsored or
	school-related activity on or off of school property; [or]
	(5)  engages in conduct that contains the elements of
	the offense of breach of computer security under Section 33.02,
	Penal Code, if:
	(A)  the conduct involves accessing a computer,
	computer network, or computer system owned by or operated on behalf
	of a school district; and
	(B)  the student knowingly:
	(i)  alters, damages, or deletes school
	district property or information; or
	(ii)  commits a breach of any other
	computer, computer network, or computer system; or
	(6)  while on school property or while attending a
	school-sponsored or school-related activity on or off of school
	property uses, exhibits, or possesses:
	(A)  a knife with a blade over five and one-half
	inches;
	(B)  a hand instrument designed to cut or stab
	another by being thrown;
	(C)  a dagger, including a dirk, stiletto, and
	poniard;
	(D)  a bowie knife;
	(E)  a sword; or
	(F)  a spear.
	SECTION 2.  Section 52.031(a), Family Code, is amended to
	read as follows:
	(a)  A juvenile board may establish a first offender program
	under this section for the referral and disposition of children
	taken into custody, or accused prior to the filing of a criminal
	charge, of:
	(1)  conduct indicating a need for supervision;
	(2)  a Class C misdemeanor, other than a traffic
	offense; or
	(3)  delinquent conduct other than conduct that
	constitutes:
	(A)  a felony of the first, second, or third
	degree, an aggravated controlled substance felony, or a capital
	felony; or
	(B)  a state jail felony or misdemeanor involving
	violence to a person or the use or possession of a firearm[, illegal
	knife,] or club, as those terms are defined by Section 46.01, Penal
	Code, or a prohibited weapon, as described by Section 46.05, Penal
	Code.
	SECTION 3.  Section 53.01(d), Family Code, is amended to
	read as follows:
	(d)  Unless the juvenile board approves a written procedure
	proposed by the office of prosecuting attorney and chief juvenile
	probation officer which provides otherwise, if it is determined
	that the person is a child and, regardless of a finding of probable
	cause, or a lack thereof, there is an allegation that the child
	engaged in delinquent conduct of the grade of felony, or conduct
	constituting a misdemeanor offense involving violence to a person
	or the use or possession of a firearm[, illegal knife,] or club, as
	those terms are defined by Section 46.01, Penal Code, or prohibited
	weapon, as described by Section 46.05, Penal Code, the case shall be
	promptly forwarded to the office of the prosecuting attorney,
	accompanied by:
	(1)  all documents that accompanied the current
	referral; and
	(2)  a summary of all prior referrals of the child to
	the juvenile court, juvenile probation department, or a detention
	facility.
	SECTION 4.  Section 46.02(a), Penal Code, is amended to read
	as follows:
	(a)  A person commits an offense if the person:
	(1)  intentionally, knowingly, or recklessly carries
	on or about his or her person a handgun[, illegal knife,] or club;
	and
	(2)  [if the person] is not:
	(A) [(1)]  on the person's own premises or
	premises under the person's control; or
	(B) [(2)]  inside of or directly en route to a
	motor vehicle or watercraft that is owned by the person or under the
	person's control.
	SECTION 5.  Section 46.03(a), Penal Code, is amended 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)  on the physical premises of a school or
	educational institution, any grounds or building on which an
	activity sponsored by a school or educational institution is being
	conducted, or a passenger transportation vehicle of a school or
	educational institution, whether the school or educational
	institution is public or private, unless:
	(A)  pursuant to written regulations or written
	authorization of the institution; or
	(B)  the person possesses or goes 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 an institution of higher
	education or private or independent institution of higher
	education, on any grounds or building 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; 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.
	SECTION 6.  Section 46.06(a), Penal Code, is amended to read
	as follows:
	(a)  A person commits an offense if the person:
	(1)  sells, rents, leases, loans, or gives a handgun to
	any person knowing that the person to whom the handgun is to be
	delivered intends to use it unlawfully or in the commission of an
	unlawful act;
	(2)  intentionally or knowingly sells, rents, leases,
	or gives or offers to sell, rent, lease, or give to any child
	younger than 18 years of age any firearm or[,] club[, or illegal
	knife];
	(3)  intentionally, knowingly, or recklessly sells a
	firearm or ammunition for a firearm to any person who is
	intoxicated;
	(4)  knowingly sells a firearm or ammunition for a
	firearm to any person who has been convicted of a felony before the
	fifth anniversary of the later of the following dates:
	(A)  the person's release from confinement
	following conviction of the felony; or
	(B)  the person's release from supervision under
	community supervision, parole, or mandatory supervision following
	conviction of the felony;
	(5)  sells, rents, leases, loans, or gives a handgun to
	any person knowing that an active protective order is directed to
	the person to whom the handgun is to be delivered; or
	(6)  knowingly purchases, rents, leases, or receives as
	a loan or gift from another a handgun while an active protective
	order is directed to the actor.
	SECTION 7.  Sections 46.01(6) and 46.15(e), Penal Code, are
	repealed.
	SECTION 8.  The changes in law made by this Act apply only to
	an offense committed or conduct that occurs on or after the
	effective date of this Act.  An offense committed or conduct that
	occurs before the effective date of this Act is governed by the law
	in effect on the date the offense was committed or the conduct
	occurred, and the former law is continued in effect for that
	purpose.  For purposes of this section, an offense is committed or
	conduct occurs before the effective date of this Act if any element
	of the offense or the conduct occurs before that date.
	SECTION 9.  This Act takes effect September 1, 2017.