By Hupp H.B. No. 1035
76R4836 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the application to certain persons of the prohibition
1-3 against the carrying of a concealed handgun on the premises of an
1-4 institution of higher education.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 46.15, Penal Code, is amended by adding
1-7 Subsection (e) to read as follows:
1-8 (e) Section 46.03(a)(1) does not apply to a person who:
1-9 (1) is carrying a concealed handgun and a license
1-10 issued under Subchapter H, Chapter 411, Government Code, to carry a
1-11 concealed handgun of the same category as the handgun the person is
1-12 carrying; and
1-13 (2) goes on the physical premises of an institution of
1-14 higher education, as defined by Section 61.003, Education Code,
1-15 other than the premises on which a collegiate sporting event or
1-16 interscholastic event is taking place.
1-17 SECTION 2. Section 46.03(f), Penal Code, is amended to read
1-18 as follows:
1-19 (f) Except as otherwise provided by law, it [It] is not a
1-20 defense to prosecution under this section that the actor possessed
1-21 a handgun and was licensed to carry a concealed handgun under
1-22 Subchapter H, Chapter 411, Government Code.
1-23 SECTION 3. The change in law made by this Act applies only
1-24 to an offense committed on or after the effective date of this Act.
2-1 An offense committed before the effective date of this Act is
2-2 covered by the law in effect when the offense was committed, and
2-3 the former law is continued in effect for that purpose. For
2-4 purposes of this section, an offense was committed before the
2-5 effective date of this Act if any element of the offense occurred
2-6 before that date.
2-7 SECTION 4. This Act takes effect September 1, 1999.
2-8 SECTION 5. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.