| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the prosecution of a criminal offense prohibiting |
|
|
certain weapons on the premises of a polling place. |
|
|
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 of a school or |
|
|
educational institution, any grounds or building on which an |
|
|
activity sponsored by a school or educational institution is being |
|
|
conducted, or a passenger transportation vehicle of a school or |
|
|
educational institution, whether the school or educational |
|
|
institution is public or private, unless: |
|
|
(A) pursuant to written regulations or written |
|
|
authorization of the 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 of an institution of higher |
|
|
education or private or independent institution of higher |
|
|
education, on any grounds or building on which an activity |
|
|
sponsored by the institution is being conducted, or in a passenger |
|
|
transportation vehicle of the institution; |
|
|
(2) on the portion of the premises of a polling place |
|
|
where voting or other election-related activities are occurring 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. 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 when 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 3. This Act takes effect September 1, 2021. |