Amend CSHB 2730 (house committee printing) by adding the
following appropriately numbered ARTICLE to the bill and
renumbering subsequent ARTICLES of the bill accordingly:
ARTICLE ____. CARRYING OF CONCEALED HANDGUNS ON THE CAMPUSES OF
INSTITUTIONS OF HIGHER EDUCATION
SECTION ____.01. Sections 46.03(a) and (c), 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:
(A) pursuant to written regulations or written
authorization of the institution; or
(B) the person possesses or goes on the physical
premises of an institution of higher education or private or
independent institution of higher education, or on any grounds or
building on which an activity sponsored by the institution is being
conducted, with a concealed handgun that the person is licensed to
carry under Subchapter H, Chapter 411, Government Code;
(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.
(c) In this section:
(1) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
(2) [(1)] "Premises" has the meaning assigned by
Section 46.035.
(3) [(2)] "Secured area" means an area of an airport
terminal building to which access is controlled by the inspection
of persons and property under federal law.
SECTION ____.02. Section 46.035, Penal Code, is amended by
adding Subsection (k) to read as follows:
(k) Subsection (b)(2) does not apply on the premises where a
collegiate sporting event is taking place if the actor was not given
effective notice under Section 30.06.
SECTION ____.03. Section 46.11(c)(1), Penal Code, is
amended to read as follows:
(1) "Premises" has the meaning ["Institution of higher
education" and "premises" have the meanings] assigned by Section
481.134, Health and Safety Code.
SECTION ____.04. Sections 46.03(a) and (c), Penal Code, as
amended by this article, and Section 46.035(k), Penal Code, as
added by this article, apply only to an offense committed on or
after the effective date of this article. An offense committed
before the effective date of this article 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 article
if any element of the offense occurred before that date.
SECTION ____.05. This article takes effect September 1,
2009.