By: Isaac H.B. No. 2381

A BILL TO BE ENTITLED

AN ACT

relating to the carrying of a concealed handgun by a license holder on certain premises.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 30.06, Penal Code, is amended by adding Subsection (f) to read as follows:

(f) Notice given under this section at a meeting of a governmental entity must be limited to the room or rooms where the meeting is being held.

SECTION 2. Section 46.03, Penal Code, is amended by amending Subsections (a) and (f) and adding Subsection (f-1) 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) unless pursuant to written regulations or written authorization of a school or educational institution, regardless of whether the school or educational institution is public or private, on:

(A) the [physical] premises of the [a] school or educational institution on a day when classes are in session and students are present;

(B) [,] any grounds [or building] on which an activity sponsored by the [a] school or educational institution is being conducted and which is owned by or under the control of the school or educational institution, while students are present; [,] or

(C) a passenger transportation vehicle owned by or under the control of the [a] school or educational institution, while students are present [, 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 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.

(f) It is not a defense to prosecution for an offense under Subsection (a)(1), (3), (5), or (6) [this section] that the actor possessed or carried a handgun that the actor [and] was licensed to carry [a concealed handgun] under Subchapter H, Chapter 411, Government Code. It is an exception to the application of Subsection (a)(2) or (4) that the actor possessed or carried a handgun that the actor was licensed to carry under that subchapter.

(f-1) It is an exception to the application of Subsections (a)(1)(A) and (C) that the actor:

(1) possessed or carried a handgun that the actor was licensed to carry under Subchapter H, Chapter 411, Government Code;

(2) was not otherwise prohibited from possessing or carrying the handgun under Section 46.035 or this section; and

(3) possessed or carried the handgun on the premises, or passenger transportation vehicle during a time when:

(A) no activities sponsored by the school or educational institution that owned or leased the premises or passenger transportation vehicle were being conducted; and

(B) the premises, grounds, building, or passenger transportation vehicle was temporarily being used by an entity other than a school or educational institution.

SECTION 3. Sections 46.035(b) and (c), Penal Code, are 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; or

(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:

(A) has written authorization of the hospital or nursing home administration, as appropriate; or

(B) has not received effective notice under Section 30.06

[(5) in an amusement park; or

[(6) on the premises of a church, synagogue, or other established place of religious worship].

(c) 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, in the room or rooms where a [at any] meeting of a governmental entity is held, unless:

(1) the meeting is not subject to Chapter 551, Government Code; or

(2) the license holder has not received effective notice under Section 30.06.

SECTION 4. Section 46.035(h-1), Penal Code, as added by Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular Session, 2007, is amended to read as follows:

(h-1) It is a defense to prosecution under Subsections (b)(1), (2), and (4) [(4)-(6)], and (c) that at the time of the commission of the offense, the actor was:

(1) a judge or justice of a federal court;

(2) an active judicial officer, as defined by Section 411.201, Government Code; or

(3) a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney.

SECTION 5. Sections 46.035(f)(1) and (i), Penal Code, are repealed.

SECTION 6. 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 governed by the law in effect on the date 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 occurred before that date.

SECTION 7. This Act takes effect September 1, 2013.