87R10736 KJE-D

By: Eckhardt S.B. No. 1289

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the carrying of a firearm on property owned or leased by a governmental entity.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 411.2031, Government Code, is amended to read as follows:

Sec. 411.2031. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON CERTAIN PRIVATE CAMPUSES.

SECTION 2. Sections 411.2031(a)(1) and (2), Government Code, are amended to read as follows:

(1) "Campus" means all land and buildings owned or leased by a [an institution of higher education or] private or independent institution of higher education.

(2) "Private ["Institution of higher education" and "private] or independent institution of higher education" has [have] the meaning [meanings] assigned by Section 61.003, Education Code.

SECTION 3. Section 411.2031(d), Government Code, is amended to read as follows:

(d) A [An institution of higher education or] private or independent institution of higher education in this state may establish rules, regulations, or other provisions prohibiting or regulating [concerning] the storage of handguns in dormitories or other residential facilities that are owned or leased and operated by the institution and located on the campus of the institution.

SECTION 4. Section 229.001(b), Local Government Code, is amended to read as follows:

(b) Subsection (a) does not affect the authority a municipality has under another law to:

(1) require residents or public employees to be armed for personal or national defense, law enforcement, or another lawful purpose;

(2) regulate the discharge of firearms or air guns within the limits of the municipality, other than at a sport shooting range;

(3) except as provided by Subsection (b-1), adopt or enforce a generally applicable zoning ordinance, land use regulation, fire code, or business ordinance;

(4) regulate the use of firearms, air guns, or knives in the case of an insurrection, riot, or natural disaster if the municipality finds the regulations necessary to protect public health and safety;

(5) regulate the storage or transportation of explosives to protect public health and safety, except that 25 pounds or less of black powder for each private residence and 50 pounds or less of black powder for each retail dealer are not subject to regulation;

(6) regulate the carrying of a firearm or air gun by a person other than a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code, at a:

(A) public park;

(B) public meeting of a municipality, county, or other governmental body;

(C) political rally, parade, or official political meeting; or

(D) nonfirearms-related school, college, or professional athletic event;

(7) regulate the carrying of a firearm by a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code[, in accordance with Section 411.209, Government Code];

(8) regulate the hours of operation of a sport shooting range, except that the hours of operation may not be more limited than the least limited hours of operation of any other business in the municipality other than a business permitted or licensed to sell or serve alcoholic beverages for on-premises consumption;

(9) regulate the carrying of an air gun by a minor on:

(A) public property; or

(B) private property without consent of the property owner; or

(10) except as provided by Subsection (d-1), regulate or prohibit an employee's carrying or possession of a firearm, firearm accessory, or ammunition in the course of the employee's official duties.

SECTION 5. Section 236.002(c), Local Government Code, is amended to read as follows:

(c) Subsection (a) does not affect the authority of a county to:

(1) require a resident or public employee to be armed for personal or national defense, law enforcement, or other purpose under other law;

(2) regulate the discharge of firearms or air guns in accordance with Section 235.022;

(3) regulate the carrying of a firearm by a person licensed to carry a handgun under Subchapter H, Chapter 411, Government Code[, in accordance with Section 411.209, Government Code];

(4) except as provided by Subsection (d), adopt or enforce a generally applicable land use regulation, fire code, or business regulation; or

(5) except as provided by Subsection (e), regulate or prohibit an employee's carrying or possession of a firearm, firearm accessory, or ammunition in the course of the employee's official duties.

SECTION 6. Section 46.03, Penal Code, is amended by amending Subsections (a) and (b) and adding Subsection (a-2) 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) the actor possesses or goes with a weapon other than a firearm pursuant to written regulations or written authorization of the school or institution; [or]

(B) the actor possesses or goes with a firearm on the premises of a private school or a private or independent institution of higher education, on any grounds or building on which an activity sponsored by the school or institution is being conducted, or in a passenger transportation vehicle of the school or institution pursuant to the written regulations or written authorization of the school or institution; or

(C) the actor [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 a [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 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.

(a-2) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm on premises owned or leased by a governmental entity.

(b) It is a defense to prosecution under Subsections (a)(1)-(4) and (a-2) that the actor possessed a firearm while in the actual discharge of the actor's [his] official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court.

SECTION 7. Section 46.03(c)(1), Penal Code, is amended to read as follows:

(1) "Private ["Institution of higher education" and "private] or independent institution of higher education" has [have] the meaning [meanings] assigned by Section 61.003, Education Code.

SECTION 8. Section 46.035(a-1), Penal Code, as added by Chapter 438 (S.B. 11), Acts of the 84th Legislature, Regular Session, 2015, is amended to read as follows:

(a-1) Notwithstanding Subsection (a), a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person under the authority of Subchapter H, Chapter 411, Government Code, and intentionally or knowingly displays the handgun in plain view of another person:

(1) on the premises of a [an institution of higher education or] private or independent institution of higher education; or

(2) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of a [an institution of higher education or] private or independent institution of higher education.

SECTION 9. Section 46.035(f)(1-a), Penal Code, is amended to read as follows:

(1-a) "Private ["Institution of higher education" and "private] or independent institution of higher education" has [have] the meaning [meanings] assigned by Section 61.003, Education Code.

SECTION 10. Sections 46.035(h) and (j), Penal Code, are amended to read as follows:

(h) It is a defense to prosecution under Subsection (a), (a-1), or (a-2)[, or (a-3)] that the actor, at the time of the commission of the offense, displayed the handgun under circumstances in which the actor would have been justified in the use of force or deadly force under Chapter 9.

(j) Subsections (a), (a-1), (a-2), [(a-3),] and (b)(1) do not apply to a historical reenactment performed in compliance with the rules of the Texas Alcoholic Beverage Commission.

SECTION 11. Section 46.15(l), Penal Code, is amended to read as follows:

(l) Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), [and] (a)(4), and (a-2), and 46.035(a), (a-1), (a-2), [(a-3),] (b)(1), (b)(5), and (b)(6) do not apply to a person who carries a handgun if:

(1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code;

(2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun;

(3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and

(4) the person is not prohibited by state or federal law from possessing a firearm.

SECTION 12. The following provisions are repealed:

(1) Sections 411.2031(b), (c), (d-1), (d-2), (d-3), and (d-4), Government Code;

(2) Section 411.209, Government Code;

(3) Section 552.002, Health and Safety Code;

(4) Section 30.06(e), Penal Code;

(5) Section 30.07(e), Penal Code;

(6) Section 46.035(a-1), Penal Code, as added by Chapter 437 (H.B. 910), Acts of the 84th Legislature, Regular Session, 2015; and

(7) Section 46.035(a-3), Penal Code.

SECTION 13. The changes in law made by this Act to Sections 30.06, 30.07, 46.03, 46.035, and 46.15, Penal Code, apply 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 14. This Act takes effect September 1, 2021.