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By: Armbrister, Williams S.B. No. 501
A BILL TO BE ENTITLED
AN ACT
relating to laws regulating the carrying of weapons, including the
application of criminal trespass laws to persons licensed to carry
a concealed handgun.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.05, Penal Code, is amended by adding
Subsections (f) and (g) to read as follows:
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land
was forbidden is that entry with a handgun was forbidden; and
(2) the person was carrying a concealed handgun and a
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun of the same category the person was
carrying.
(g) Subsection (f) does not prohibit a municipality,
county, or the state from prohibiting a license holder from
carrying a concealed handgun in buildings owned or leased by the
municipality, county, or the state provided that the municipality,
county, or state gives notice by oral or written communication
pursuant to Section 30.06(c)(3).
SECTION 2. Section 30.06, Penal Code, is amended by adding
Subsections (e) and (f) to read as follows:
(e) It is an exception to the application of this section
that the property on which the license holder carries a handgun is
owned or leased by a governmental entity and does not constitute
premises of property described by Section 46.03 or 46.035. For
purposes of this subsection, "premises" has the meaning assigned by
Section 46.035(f)(3).
(f) Subsection (e) does not prohibit a municipality,
county, or the state from prohibiting a license holder from
carrying a concealed handgun in buildings owned or leased by the
municipality, county, or the state provided that the municipality,
county, or state gives notice by oral or written communication
pursuant to Subsection (c)(3).
SECTION 3. Subsection (a), Section 46.03, 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 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 [in] 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 4. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to an
offense committed on or after September 1, 2003. An offense
committed before September 1, 2003, is covered by the law in effect
when the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this subsection, an
offense was committed before September 1, 2003, if any element of
the offense was committed before that date.