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.