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A BILL TO BE ENTITLED
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AN ACT
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relating to the authorization of a license holder to carry a |
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concealed handgun at a school or educational institution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.192, Government Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (a-1) to |
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read as follows: |
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(a) The department shall disclose [to a criminal justice |
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agency] information contained in its files and records regarding |
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whether a named individual or any individual named in a specified |
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list is licensed under this subchapter to: |
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(1) a criminal justice agency; or |
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(2) a school district, open-enrollment charter |
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school, or private school that requests verification under Section |
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411.210. |
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(a-1) Information on an individual subject to disclosure |
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under this section includes the individual's name, date of birth, |
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gender, race, zip code, telephone number, e-mail address, and |
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Internet website address. Except as otherwise provided by this |
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section and by Sections [Section] 411.193 and 411.210, all other |
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records maintained under this subchapter are confidential and are |
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not subject to mandatory disclosure under the open records law, |
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Chapter 552. |
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(c) The department shall notify a license holder of any |
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request that is made for information relating to the license holder |
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under this section and provide the name of the entity [agency] |
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making the request. |
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SECTION 2. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.210 to read as follows: |
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Sec. 411.210. VERIFICATION OF LICENSE BY SCHOOL DISTRICT. |
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(a) A school district, open-enrollment charter school, or private |
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school may request verification from the department that a person |
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holds a valid license to carry a handgun under this subchapter |
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before authorizing the person to carry a concealed handgun on |
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school premises, as provided by Section 46.03(a)(1)(A)(i), Penal |
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Code. |
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(b) As soon as practicable after receiving a request under |
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Subsection (a), the department shall provide at no cost: |
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(1) verification that the person holds a valid license |
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to carry a handgun under this subchapter; or |
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(2) notice that the person does not hold a valid |
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license to carry a handgun under this subchapter. |
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SECTION 3. 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 of a school or |
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educational institution, any grounds or building on which an |
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activity sponsored by a school or educational institution is being |
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conducted, or a passenger transportation vehicle of a school or |
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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, the person possesses or |
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goes with: |
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(i) a concealed handgun that the person is |
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licensed to carry under Subchapter H, Chapter 411, Government Code; |
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or |
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(ii) any weapon to which this section |
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applies, other than a handgun; 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 of an institution of higher |
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education or private or independent institution of higher |
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education, on any grounds or building on which an activity |
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sponsored by the institution is being conducted, or in a passenger |
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transportation vehicle 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 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. |