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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of certain offenses involving the |
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carrying of weapons at amusement parks or locations associated with |
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schools or other educational institutions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.03(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if the person intentionally, |
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knowingly, or recklessly possesses or goes with a firearm, |
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location-restricted knife, club, or prohibited weapon listed in |
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Section 46.05(a): |
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(1) on the [physical] premises, campus, or grounds of |
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a school or other educational institution, on any grounds or |
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building on which an activity sponsored by a school or other |
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educational institution is being conducted or is regularly |
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conducted, or in a passenger transportation vehicle of a school or |
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other educational institution, whether the school or [educational] |
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institution is public or private, unless: |
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(A) pursuant to written regulations or written |
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authorization of the school or institution; or |
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(B) the person possesses or goes with a concealed |
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handgun that the person is licensed to carry under Subchapter H, |
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Chapter 411, Government Code, and no other weapon to which this |
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section applies, on the premises, campus, or grounds of an |
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institution of higher education or a private or independent |
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institution of higher education, on any grounds or building on |
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which an activity sponsored by the institution is being conducted |
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or is regularly conducted, or in a passenger transportation vehicle |
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of the institution; |
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(2) on the premises of a polling place on the day of an |
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election or while early voting is in progress; |
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(3) on the premises of any government court or offices |
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utilized by the court, unless pursuant to written regulations or |
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written authorization of the court; |
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(4) on the premises of a racetrack; |
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(5) in or into a secured area of an airport; or |
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(6) within 1,000 feet of premises the location of |
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which is designated by the Texas Department of Criminal Justice as a |
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place of execution under Article 43.19, Code of Criminal Procedure, |
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on a day that a sentence of death is set to be imposed on the |
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designated premises and the person received notice that: |
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(A) going within 1,000 feet of the premises with |
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a weapon listed under this subsection was prohibited; or |
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(B) possessing a weapon listed under this |
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subsection within 1,000 feet of the premises was prohibited. |
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SECTION 2. Section 46.03(c), Penal Code, is amended by |
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amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to |
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read as follows: |
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(1) "Educational institution" means: |
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(A) a school; |
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(B) a postsecondary educational institution; or |
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(C) a library, children's nursery, day-care |
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facility, or after-school program operated by a public or private |
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school or postsecondary educational institution. |
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(1-a) "Institution of higher education" and "private |
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or independent institution of higher education" have the meanings |
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assigned by Section 61.003, Education Code. |
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(1-b) "Postsecondary educational institution" means |
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any public or private institution that provides courses of |
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instruction beyond those offered in secondary schools. The term |
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includes: |
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(A) a proprietary, vocational, or technical |
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school; and |
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(B) an institution of higher education or a |
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private or independent institution of higher education. |
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SECTION 3. Section 46.035(f)(1), Penal Code, is amended to |
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read as follows: |
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(1) "Amusement park" means a permanent indoor or |
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outdoor facility or park where amusement rides are available for |
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use by the public that [is located in a county with a population of |
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more than one million,] encompasses at least 10 [75] acres in |
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surface area, is enclosed with access only through controlled |
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entries, [is open for operation more than 120 days in each calendar |
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year,] and has security guards on the premises at all times. [The |
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term does not include any public or private driveway, street, |
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sidewalk or walkway, parking lot, parking garage, or other parking |
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area.] |
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SECTION 4. 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 on the date 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 5. This Act takes effect September 1, 2021. |