|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to prohibiting weapons in certain facilities providing |
|
services to individuals with mental illness or an intellectual |
|
disability and community centers providing community-based mental |
|
health or intellectual disability services. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Sections 46.03(a) and (g-2), Penal Code, are |
|
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 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; |
|
(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; |
|
(7) on the premises of a business that has a permit or |
|
license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
|
Beverage Code, if the business derives 51 percent or more of its |
|
income from the sale or service of alcoholic beverages for |
|
on-premises consumption, as determined by the Texas Alcoholic |
|
Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
|
(8) on the premises where a high school, collegiate, |
|
or professional sporting event or interscholastic event is taking |
|
place, unless the person is a participant in the event and a |
|
firearm, location-restricted knife, club, or prohibited weapon |
|
listed in Section 46.05(a) is used in the event; |
|
(9) on the premises of a correctional facility; |
|
(10) on the premises of a civil commitment facility; |
|
(11) on the premises of a hospital licensed under |
|
Chapter 241, Health and Safety Code, or on the premises of a nursing |
|
facility licensed under Chapter 242, Health and Safety Code, unless |
|
the person has written authorization of the hospital or nursing |
|
facility administration, as appropriate; |
|
(12) on the premises of a mental hospital, as defined |
|
by Section 571.003, Health and Safety Code, unless the person has |
|
written authorization of the mental hospital administration; |
|
(13) in an amusement park; [or] |
|
(14) in the room or rooms where a meeting of a |
|
governmental entity is held, if the meeting is an open meeting |
|
subject to Chapter 551, Government Code, and if the entity provided |
|
notice as required by that chapter; or |
|
(15) on the premises of a community center or a |
|
facility operated by a local mental health authority or by a local |
|
intellectual and developmental disability authority. |
|
(g-2) An offense committed under Subsection (a)(8), |
|
(a)(10), (a)(11), (a)(13), (a)(15), (a-2), (a-3), or (a-4) is a |
|
Class A misdemeanor. |
|
SECTION 2. Section 46.03(c), Penal Code, is amended by |
|
adding Subdivision (1-a) to read as follows: |
|
(1-a) "Community center," "local intellectual and |
|
developmental disability authority," and "local mental health |
|
authority" have the meanings assigned by Section 531.002, Health |
|
and Safety Code. |
|
SECTION 3. Section 46.15(p), Penal Code, is amended to read |
|
as follows: |
|
(p) Sections 46.03(a)(7), (11), [and] (13), and (15) do not |
|
apply if the actor: |
|
(1) carries a handgun on the premises or other |
|
property, as applicable; |
|
(2) holds a license to carry a handgun issued under |
|
Subchapter H, Chapter 411, Government Code; and |
|
(3) was not given effective notice under Section 30.06 |
|
or 30.07 of this code or Section 411.204, Government Code, as |
|
applicable. |
|
SECTION 4. The changes in law made by this Act 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 5. This Act takes effect September 1, 2023. |