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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying of a handgun by a license holder on the |
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premises of certain places of religious worship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 46.035(b) and (i), Penal Code, are |
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amended to read as follows: |
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(b) A license holder commits an offense if the license |
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holder intentionally, knowingly, or recklessly carries a handgun |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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regardless of whether the handgun is concealed or carried in a |
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shoulder or belt holster, on or about the license holder's person: |
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(1) on the premises of a business that has a permit or |
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license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
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Beverage Code, if the business derives 51 percent or more of its |
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income from the sale or service of alcoholic beverages for |
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on-premises consumption, as determined by the Texas Alcoholic |
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Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
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(2) on the premises where a high school, collegiate, |
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or professional sporting event or interscholastic event is taking |
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place, unless the license holder is a participant in the event and a |
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handgun is used in the event; |
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(3) on the premises of a correctional facility; |
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(4) on the premises of a hospital licensed under |
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Chapter 241, Health and Safety Code, or on the premises of a nursing |
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facility licensed under Chapter 242, Health and Safety Code, unless |
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the license holder has written authorization of the hospital or |
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nursing facility administration, as appropriate; |
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(5) in an amusement park; or |
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(6) [on the premises of a church, synagogue, or other
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established place of religious worship; or
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[(7)] on the premises of a civil commitment facility. |
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(i) Subsections (b)(4), (b)(5), [(b)(6),] and (c) do not |
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apply if the actor was not given effective notice under Section |
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30.06 or 30.07. |
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SECTION 2. Section 46.035(h-1), Penal Code, as added by |
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Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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(h-1) It is a defense to prosecution under Subsections |
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(b)(1), (2), (4), and (5)[, and (6)] and (c) that at the time of the |
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commission of the offense, the actor was: |
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(1) a judge or justice of a federal court; |
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(2) an active judicial officer, as defined by Section |
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411.201, Government Code; or |
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(3) the attorney general or a United States attorney, |
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assistant United States attorney, assistant attorney general, |
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district attorney, assistant district attorney, criminal district |
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attorney, assistant criminal district attorney, county attorney, |
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or assistant county attorney. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect at the time the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2019. |
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