87R3017 MCF-D
 
  By: Anchia H.B. No. 1768
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of certain offenses involving the
  carrying of weapons at amusement parks or locations associated with
  schools or other educational institutions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 46.03(a), Penal Code, is amended to read
  as follows:
         (a)  A person commits an offense if the person intentionally,
  knowingly, or recklessly possesses or goes with a firearm,
  location-restricted knife, club, or prohibited weapon listed in
  Section 46.05(a):
               (1)  on the [physical] premises, campus, or grounds of
  a school or other educational institution, on any grounds or
  building on which an activity sponsored by a school or other
  educational institution is being conducted or is regularly
  conducted, or in a passenger transportation vehicle of a school or
  other educational institution, whether the school or [educational]
  institution is public or private, unless:
                     (A)  pursuant to written regulations or written
  authorization of the school or institution; or
                     (B)  the person possesses or goes with a concealed
  handgun that the person is licensed to carry under Subchapter H,
  Chapter 411, Government Code, and no other weapon to which this
  section applies, on the premises, campus, or grounds of an
  institution of higher education or a private or independent
  institution of higher education, on any grounds or building on
  which an activity sponsored by the institution is being conducted
  or is regularly conducted, or in a passenger transportation vehicle
  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.
         SECTION 2.  Section 46.03(c), Penal Code, is amended by
  amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
  read as follows:
               (1)  "Educational institution" means:
                     (A)  a school;
                     (B)  a postsecondary educational institution; or
                     (C)  a library, children's nursery, day-care
  facility, or after-school program operated by a public or private
  school or postsecondary educational institution.
               (1-a)  "Institution of higher education" and "private
  or independent institution of higher education" have the meanings
  assigned by Section 61.003, Education Code.
               (1-b)  "Postsecondary educational institution" means
  any public or private institution that provides courses of
  instruction beyond those offered in secondary schools.  The term
  includes:
                     (A)  a proprietary, vocational, or technical
  school; and
                     (B)  an institution of higher education or a
  private or independent institution of higher education.
         SECTION 3.  Section 46.035(f)(1), Penal Code, is amended to
  read as follows:
               (1)  "Amusement park" means a permanent indoor or
  outdoor facility or park where amusement rides are available for
  use by the public that [is located in a county with a population of
  more than one million,] encompasses at least 10 [75] acres in
  surface area, is enclosed with access only through controlled
  entries, [is open for operation more than 120 days in each calendar
  year,] and has security guards on the premises at all times. [The
  term does not include any public or private driveway, street,
  sidewalk or walkway, parking lot, parking garage, or other parking
  area.]
         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, 2021.