88R11737 CJD-D
 
  By: Howard H.B. No. 4726
 
 
 
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.