79R2002 KCR-D
By: Harris S.B. No. 173
A BILL TO BE ENTITLED
AN ACT
relating to banning handguns and certain other weapons from parking
areas associated with schools or educational institutions;
providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 46.03(a) and (b), Penal Code, are
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 school or 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 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; or
(7) unless pursuant to written regulations or written
authorization of the school or institution, in or on any public or
private parking lot, parking garage, or other parking area that is:
(A) owned or leased by a public or private school
or educational institution and routinely used by the faculty,
staff, students, or visitors of the school or educational
institution; or
(B) routinely used by persons attending an
activity that is sponsored by a public or private school or
educational institution that is being conducted.
(b) It is a defense to prosecution under Subsections
(a)(1)-(4), and (7) that the actor possessed a firearm while in the
actual discharge of his official duties as a member of the armed
forces or national guard or a guard employed by a penal institution,
or an officer of the court.
SECTION 2. 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) unless the license holder is a participant in the
event and a handgun is used in the event:
(A) on the premises where a high school,
collegiate, or professional sporting event or interscholastic
event is taking place; or
(B) in or on any public or private parking lot,
parking garage, or other parking area that is routinely used by
persons attending a high school sporting event or interscholastic
event that 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.
SECTION 3. The changes in law made by this Act apply 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 at the time 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 4. This Act takes effect September 1, 2005.