| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the carrying of a handgun by a license holder on the |
|
|
premises of certain places of religious worship. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. 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 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, unless |
|
|
the license holder has written authorization 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; or
|
|
|
[(7)] on the premises of a civil commitment facility. |
|
|
(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. |
|
|
SECTION 2. 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)[, and (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) the attorney general or a United States attorney, |
|
|
assistant United States attorney, assistant attorney general, |
|
|
district attorney, assistant district attorney, criminal district |
|
|
attorney, assistant criminal district attorney, county attorney, |
|
|
or assistant county attorney. |
|
|
SECTION 3. 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 at the time 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 4. This Act takes effect September 1, 2019. |