84R1891 AJZ-D

By: Springer H.B. No. 695

A BILL TO BE ENTITLED

AN ACT

relating to the carrying of a concealed handgun by the holder of a concealed handgun license on hospital or nursing home premises; authorizing a penalty.

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

SECTION 1. Subchapter H, Chapter 411, Government Code, is amended by adding Section 411.2031 to read as follows:

Sec. 411.2031. CARRYING OF HANDGUN BY LICENSE HOLDER ON PRIVATE HOSPITAL OR NURSING HOME PREMISES. (a) For the purposes of this section:

(1) "Commissioned security officer" has the meaning assigned by Section 1702.002(5), Occupations Code.

(2) "Premises" has the meaning assigned by Section 46.035, Penal Code.

(3) "Private hospital" means a privately owned hospital licensed under Chapter 241, Health and Safety Code.

(4) "Private nursing home" means a privately owned nursing home licensed under Chapter 242, Health and Safety Code.

(b) Except as provided by Subsection (c), a private hospital or nursing home may not adopt any rule, regulation, or other provision prohibiting a license holder from carrying a handgun on the premises of the hospital or nursing home.

(c) A private hospital or nursing home may adopt rules, regulations, or other provisions prohibiting a license holder from carrying a handgun on premises that are owned or leased and operated by the hospital or nursing home only if the hospital or nursing home:

(1) stations a commissioned security officer, who is wearing the officer's uniform and carrying the officer's weapon in plain view, at each entrance to the hospital or nursing home; and

(2) gives effective notice under Section 30.06, Penal Code.

(d) The Department of State Health Services may assess an administrative penalty under Subchapter C, Chapter 241, Health and Safety Code, or Subchapter C, Chapter 242, Health and Safety Code, for a violation of this section.

SECTION 2. Section 30.06(c), Penal Code, is amended by adding Subdivisions (4) and (5) to read as follows:

(4) "Hospital" means a facility licensed under Chapter 241, Health and Safety Code.

(5) "Nursing home" means a facility licensed under Chapter 242, Health and Safety Code.

SECTION 3. Section 30.06, Penal Code, is amended by amending Subsection (e) and adding Subsection (f) to read as follows:

(e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity, including a public hospital or nursing home, and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035.

(f) It is an exception to the application of this section that the property on which the license holder carries a handgun is a private hospital or nursing home and the hospital or nursing home has not:

(1) stationed a commissioned security officer at each entrance to the hospital or nursing home, as required by Section 411.2031, Government Code; or

(2) given effective notice under this section.

SECTION 4. Sections 46.035(b) and (i), 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;

(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

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

(i) Subsections (b)(4), (b)(5), [(b)(6),] and (c) do not apply if the actor was not given effective notice under Section 30.06.

SECTION 5. 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), (4), and (5) [(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 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, 2015.