85R2434 AJZ-D

By: Menéndez S.B. No. 220

A BILL TO BE ENTITLED

AN ACT

relating to the offense involving the carrying of handguns by license holders on the premises of certain mental health facilities.

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

SECTION 1. Section 411.204, Government Code, is amended by amending Subsection (b) and adding Subsection (f) to read as follows:

(b) A hospital licensed under Chapter 241, Health and Safety Code, [or] a nursing facility [home] licensed under Chapter 242, Health and Safety Code, a facility that is operated by or under contract with a local mental health authority or a community center and that provides mental health services, a mental health facility, or a mental hospital shall prominently display at each entrance to the hospital or facility [or nursing home], as appropriate, a sign that complies with the requirements of Subsection (c) other than the requirement that the sign include on its face the number "51".

(f) In this section, "community center," "local mental health authority," "mental health facility," and "mental hospital" have the meanings assigned by Section 571.003, Health and Safety Code.

SECTION 2. Section 46.035, Penal Code, is amended by amending Subsections (b) and (i) and adding Subsection (i-1) 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 or carried in a shoulder or belt holster, 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 facility licensed under Chapter 242, Health and Safety Code, a facility that is operated by or under contract with a local mental health authority or a community center and that provides mental health services, a mental health facility, or a mental hospital unless the license holder has written authorization of the administration of the hospital or [nursing] facility [administration], as appropriate;

(5) in an amusement park; or

(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 or 30.07.

(i-1) Subsection (b)(4) does not apply if the actor was not given effective notice under Section 30.06 or 30.07 or under Section 411.204, Government Code.

SECTION 3. Section 46.035(f), Penal Code, is amended by amending Subdivision (1-a) and adding Subdivision (1-b) to read as follows:

(1-a) "Community center," "local mental health authority," "mental health facility," and "mental hospital" have the meanings assigned by Section 571.003, Health and Safety Code.

(1-b) "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003, Education Code.

SECTION 4. 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 5. This Act takes effect September 1, 2017.