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.