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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of possessing a weapon in |
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certain prohibited places associated with schools or postsecondary |
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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 of a school or |
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postsecondary educational institution, on any grounds or building |
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owned by and under the control of a school or postsecondary |
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educational institution and on which an activity sponsored by the |
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[a] school or [educational] institution is being conducted, or in a |
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passenger transportation vehicle of a school or postsecondary |
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educational institution, whether the school or postsecondary |
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educational 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 of a postsecondary educational |
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institution [an institution of higher education or private or |
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independent institution of higher education], on any grounds or |
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building owned by and under the control of the institution and on |
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which an activity sponsored by the institution is being conducted, |
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or in a passenger 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; |
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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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(7) on the premises of a business that has a permit or |
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license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
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Beverage Code, if the business derives 51 percent or more of its |
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income from the sale or service of alcoholic beverages for |
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on-premises consumption, as determined by the Texas Alcoholic |
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Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
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(8) on the premises where a high school, collegiate, |
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or professional sporting event or interscholastic event is taking |
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place, unless the person is a participant in the event and a |
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firearm, location-restricted knife, club, or prohibited weapon |
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listed in Section 46.05(a) is used in the event; |
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(9) on the premises of a correctional facility; |
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(10) on the premises of a civil commitment facility; |
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(11) on the premises of a hospital licensed under |
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Chapter 241, Health and Safety Code, or on the premises of a nursing |
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facility licensed under Chapter 242, Health and Safety Code, unless |
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the person has written authorization of the hospital or nursing |
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facility administration, as appropriate; |
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(12) on the premises of a mental hospital, as defined |
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by Section 571.003, Health and Safety Code, unless the person has |
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written authorization of the mental hospital administration; |
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(13) in an amusement park; or |
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(14) in the room or rooms where a meeting of a |
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governmental entity is held, if the meeting is an open meeting |
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subject to Chapter 551, Government Code, and if the entity provided |
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notice as required by that chapter. |
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SECTION 2. Section 46.03(c), Penal Code, is amended by |
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adding Subdivisions (3-a) and (4-a) to read as follows: |
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(3-a) "Postsecondary educational institution" means |
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an institution of higher education or a private or independent |
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institution of higher education. |
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(4-a) "School" means an accredited primary or |
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secondary school. |
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SECTION 3. 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 4. This Act takes effect September 1, 2023. |