77R9953 GWK-D
By Hupp H.B. No. 2353
Substitute the following for H.B. No. 2353:
By Turner of Coleman C.S.H.B. No. 2353
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prohibitions against carrying certain weapons onto the
1-3 premises of a school or educational institution or a place where
1-4 school or educational institution events occur.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 46.03(a), Penal Code, as amended by
1-7 Chapters 1043 and 1221, Acts of the 75th Legislature, Regular
1-8 Session, 1997, is reenacted and amended to read as follows:
1-9 (a) A person commits an offense if the person intentionally,
1-10 knowingly, or recklessly possesses or goes with a firearm, illegal
1-11 knife, club, or prohibited weapon listed in Section 46.05(a):
1-12 (1) on the physical premises of a school or
1-13 educational institution, any grounds or building on which an
1-14 activity sponsored by a school or educational institution is being
1-15 conducted, or a passenger transportation vehicle of a school or
1-16 educational institution, whether the school or educational
1-17 institution is public or private, unless pursuant to written
1-18 regulations or written authorization of the school or institution;
1-19 (2) on the premises of a polling place on the day of
1-20 an election or while early voting is in progress;
1-21 (3) in any government court or offices utilized by the
1-22 court, unless pursuant to written regulations or written
1-23 authorization of the court;
1-24 (4) on the premises of a racetrack; or
2-1 (5) in or into a secured area of an airport.
2-2 SECTION 2. Section 46.035(b), Penal Code, is amended to read
2-3 as follows:
2-4 (b) A license holder commits an offense if the license
2-5 holder intentionally, knowingly, or recklessly carries a handgun
2-6 under the authority of Subchapter H, Chapter 411, Government Code,
2-7 regardless of whether the handgun is concealed, on or about the
2-8 license holder's person:
2-9 (1) on the premises of a business that has a permit or
2-10 license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
2-11 Beverage Code, if the business derives 51 percent or more of its
2-12 income from the sale or service of alcoholic beverages for
2-13 on-premises consumption, as determined by the Texas Alcoholic
2-14 Beverage Commission under Section 104.06, Alcoholic Beverage Code;
2-15 (2) on the premises where a high school, collegiate,
2-16 or professional sporting event or interscholastic event is taking
2-17 place, unless the license holder:
2-18 (A) is a participant in the event and a handgun
2-19 is used in the event; or
2-20 (B) has received written authorization to carry
2-21 a handgun on the premises where the sporting event is taking place:
2-22 (i) from the high school or college; or
2-23 (ii) if the event is an interscholastic
2-24 event, from one of the schools participating in the event;
2-25 (3) on the premises of a correctional facility;
2-26 (4) on the premises of a hospital licensed under
2-27 Chapter 241, Health and Safety Code, or on the premises of a
3-1 nursing home licensed under Chapter 242, Health and Safety Code,
3-2 unless the license holder has written authorization of the hospital
3-3 or nursing home administration, as appropriate;
3-4 (5) in an amusement park; or
3-5 (6) on the premises of a church, synagogue, or other
3-6 established place of religious worship.
3-7 SECTION 3. (a) The change in law made by this Act applies
3-8 only to an offense committed on or after the effective date of this
3-9 Act. For purposes of this section, an offense is committed before
3-10 the effective date of this Act if any element of the offense occurs
3-11 before the effective date.
3-12 (b) An offense committed before the effective date of this
3-13 Act is covered by the law in effect when the offense was committed,
3-14 and the former law is continued in effect for that purpose.
3-15 SECTION 4. This Act takes effect September 1, 2001.