By: Dutton (Senate Sponsor - Menéndez) H.B. No. 2880
         (In the Senate - Received from the House May 8, 2017;
  May 10, 2017, read first time and referred to Committee on Criminal
  Justice; May 19, 2017, reported favorably by the following vote:  
  Yeas 8, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the criminal punishment for the threatened exhibition
  or use of a firearm in or on school property or on a school bus.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.125, Education Code, is amended to
  read as follows:
         Sec. 37.125.  EXHIBITION, USE, OR THREAT OF EXHIBITION OR
  USE OF FIREARMS. (a) A person commits an offense if, in a manner
  intended to cause alarm or personal injury to another person or to
  damage school property, the person intentionally:
               (1)  exhibits or [,] uses[, or threatens to exhibit or
  use] a firearm:
                     (A) [(1)]  in or on any property, including a
  parking lot, parking garage, or other parking area, that is owned by
  a private or public school; or
                     (B) [(2)]  on a school bus being used to transport
  children to or from school-sponsored activities of a private or
  public school;
               (2)  threatens to exhibit or use a firearm in or on
  property described by Subdivision (1)(A) or on a bus described by
  Subdivision (1)(B) and was in possession of or had immediate access
  to the firearm; or
               (3)  threatens to exhibit or use a firearm in or on
  property described by Subdivision (1)(A) or on a bus described by
  Subdivision (1)(B).
         (b)  An offense under Subsection (a)(1) or (2) [this section]
  is a third degree felony.
         (c)  An offense under Subsection (a)(3) is a Class A
  misdemeanor.
         SECTION 2.  The changes in law made by this Act apply 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, 2017.
 
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