84R6749 AJZ-F

By: Tinderholt H.B. No. 1234

A BILL TO BE ENTITLED

AN ACT

relating to the carrying of concealed handguns by certain license holders on certain locations associated with a public or private school or educational institution.

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

SECTION 1. Section 46.03, Penal Code, is amended by amending Subsection (a) and adding Subsection (b-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;

(B) [,] any grounds or building on which an activity sponsored by the [a] school or educational institution is being conducted; [,] or

(C) a passenger transportation vehicle of the [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 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.

(b-1) It is a defense to prosecution under Subsection (a)(1)(B) that at the time of the commission of the offense:

(1) the actor was carrying a handgun under the authority of Subchapter H, Chapter 411, Government Code, and no other weapon to which this section applies;

(2) the actor was not otherwise prohibited from carrying the handgun under another provision of this code or other law;

(3) the activity sponsored by the school or educational institution was a field trip; and

(4) the actor was not a student, teacher, school or school district administrator, or chaperone taking the field trip.

SECTION 2. 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 3. This Act takes effect September 1, 2015.