79R4554 UM-F

By:  Vo                                                           H.B. No. 2633



A BILL TO BE ENTITLED

AN ACT

relating to the unlawful carrying of a handgun on certain premises 
used for law enforcement.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 46.035(b), Penal Code, is amended to 
read as follows:    
	(b)  A license holder commits an offense if the license 
holder intentionally, knowingly, or recklessly carries a handgun 
under the authority of Subchapter H, Chapter 411, Government Code, 
regardless of whether the handgun is concealed, on or about the 
license holder's person:
		(1)  on the premises of a business that has a permit or 
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic 
Beverage Code, if the business derives 51 percent or more of its 
income from the sale or service of alcoholic beverages for 
on-premises consumption, as determined by the Texas Alcoholic 
Beverage Commission under Section 104.06, Alcoholic Beverage Code;
		(2)  on the premises where a high school, collegiate, 
or professional sporting event or interscholastic event is taking 
place, unless the license holder is a participant in the event and a 
handgun is used in the event;
		(3)  on the premises of a correctional facility;                              
		(4)  on the premises of a hospital licensed under 
Chapter 241, Health and Safety Code, or on the premises of a nursing 
home licensed under Chapter 242, Health and Safety Code, unless the 
license holder has written authorization of the hospital or nursing 
home administration, as appropriate;
		(5)  in an amusement park;  [or]                             
		(6)  on the premises of a church, synagogue, or other 
established place of religious worship; or
		(7)  on the premises of a law enforcement facility.                    
	SECTION 2.  Section 46.035(f), Penal Code, is amended by 
adding Subdivision (4) to read as follows:
		(4)  "Law enforcement facility" includes any building 
or portion of a building containing offices used for the official 
business of peace officers, special investigators, or adjunct 
police officers as defined by Article 2.12, 2.121, 2.122, 2.123, or 
2.124, Code of Criminal Procedure.
	SECTION 3.  Section 46.035(i), Penal Code, is amended to 
read as follows:    
	(i)  Subsections (b)(4), (b)(5), (b)(6), (b)(7), and (c) do 
not apply if the actor was not given effective notice under Section 
30.06.
	SECTION 4.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.   
An offense committed before the effective date of this Act 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 section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.
	SECTION 5.  This Act takes effect September 1, 2005.