BILL ANALYSIS

Senate Research Center	H.B. 1760
88R6102 MEW-F	By: Hefner (Hughes)
	State Affairs
	5/2/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Concerned parties contend that current ambiguity in the Texas Penal Code dealing with carrying firearms on the premises of a school could be interpreted as any location where students are present. Effectively, this could lead to a law-abiding citizen unknowingly committing a crime if they are carrying a firearm in a legal location and students show up as part of a school event.

H.B. 1760 aims to prevent this by clarifying that in order for a location to be considered part of the school, that the building or premises must be owned by or under the control of the school or institution of higher education. 

H.B. 1760 amends current law relating to the prosecution of the offense of possessing a weapon in certain prohibited places associated with schools or postsecondary educational institutions.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 46.03(a), Penal Code, as follows:

(a) Provides that 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) (relating to providing that a person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells certain items):

(1) on the premises of a school or postsecondary educational institution, rather than the physical premises of a school or educational institution, on any grounds or building owned by and under the control of a school or postsecondary educational institution and on which an activity sponsored by the school or institution is being conducted, rather than sponsored by a school or educational institution, or in a passenger transportation vehicle of a school or postsecondary educational institution, whether the school or postsecondary 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 (License to Carry a Handgun), Chapter 411, Government Code, and no other weapon to which Section 46.03 (Places Weapons Prohibited) applies, on the premises of a postsecondary educational institution, rather than an institution of higher education or private or independent institution of higher education, on any grounds or building owned by and under the control of the institution and on which an activity sponsored by the institution is being conducted, or in a passenger transportation vehicle of the institution; or

(2)-(14) makes no changes to these subdivisions.

SECTION 2. Amends Section 46.03(c), Penal Code, by adding Subdivisions (3-a) and (4-a), to define "postsecondary educational institution" and "school."

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 2023.