84R1891 AJZ-D
	By: Springer	H.B. No. 695

	A BILL TO BE ENTITLED
	AN ACT
	relating to the carrying of a concealed handgun by the holder of a
	concealed handgun license on hospital or nursing home premises;
	authorizing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter H, Chapter 411, Government Code, is
	amended by adding Section 411.2031 to read as follows:
	Sec. 411.2031.  CARRYING OF HANDGUN BY LICENSE HOLDER ON
	PRIVATE HOSPITAL OR NURSING HOME PREMISES. (a) For the purposes of
	this section:
	(1)  "Commissioned security officer" has the meaning
	assigned by Section 1702.002(5), Occupations Code.
	(2)  "Premises" has the meaning assigned by Section
	46.035, Penal Code.
	(3)  "Private hospital" means a privately owned
	hospital licensed under Chapter 241, Health and Safety Code.
	(4)  "Private nursing home" means a privately owned
	nursing home licensed under Chapter 242, Health and Safety Code.
	(b)  Except as provided by Subsection (c), a private hospital
	or nursing home may not adopt any rule, regulation, or other
	provision prohibiting a license holder from carrying a handgun on
	the premises of the hospital or nursing home.
	(c)  A private hospital or nursing home may adopt rules,
	regulations, or other provisions prohibiting a license holder from
	carrying a handgun on premises that are owned or leased and operated
	by the hospital or nursing home only if the hospital or nursing
	home:
	(1)  stations a commissioned security officer, who is
	wearing the officer's uniform and carrying the officer's weapon in
	plain view, at each entrance to the hospital or nursing home; and
	(2)  gives effective notice under Section 30.06, Penal
	Code.
	(d)  The Department of State Health Services may assess an
	administrative penalty under Subchapter C, Chapter 241, Health and
	Safety Code, or Subchapter C, Chapter 242, Health and Safety Code,
	for a violation of this section.
	SECTION 2.  Section 30.06(c), Penal Code, is amended by
	adding Subdivisions (4) and (5) to read as follows:
	(4)  "Hospital" means a facility licensed under Chapter
	241, Health and Safety Code.
	(5)  "Nursing home" means a facility licensed under
	Chapter 242, Health and Safety Code.
	SECTION 3.  Section 30.06, Penal Code, is amended by
	amending Subsection (e) and adding Subsection (f) to read as
	follows:
	(e)  It is an exception to the application of this section
	that the property on which the license holder carries a handgun is
	owned or leased by a governmental entity, including a public
	hospital or nursing home, and is not a premises or other place on
	which the license holder is prohibited from carrying the handgun
	under Section 46.03 or 46.035.
	(f)  It is an exception to the application of this section
	that the property on which the license holder carries a handgun is a
	private hospital or nursing home and the hospital or nursing home
	has not:
	(1)  stationed a commissioned security officer at each
	entrance to the hospital or nursing home, as required by Section
	411.2031, Government Code; or
	(2)  given effective notice under this section.
	SECTION 4.  Sections 46.035(b) and (i), Penal Code, are
	amended to read as follows:
	(b)  A license holder commits an offense if the license
	holder intentionally, knowingly, or recklessly carries a handgun
	under the authority of Subchapter H, Chapter 411, Government Code,
	regardless of whether the handgun is concealed, on or about the
	license holder's person:
	(1)  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;
	(2)  on the premises where a high school, collegiate,
	or professional sporting event or interscholastic event is taking
	place, unless the license holder is a participant in the event and a
	handgun is used in the event;
	(3)  on the premises of a correctional facility;
	(4)  [on the premises of a hospital licensed under
	Chapter 241, Health and Safety Code, or on the premises of a nursing
	home licensed under Chapter 242, Health and Safety Code, unless the
	license holder has written authorization of the hospital or nursing
	home administration, as appropriate;
	[(5)]  in an amusement park; or
	(5)  [(6)] on the premises of a church, synagogue, or
	other established place of religious worship.
	(i)  Subsections (b)(4), (b)(5), [(b)(6),] and (c) do not
	apply if the actor was not given effective notice under Section
	30.06.
	SECTION 5.  Section 46.035(h-1), Penal Code, as added by
	Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular
	Session, 2007, is amended to read as follows:
	(h-1)  It is a defense to prosecution under Subsections
	(b)(1), (2), (4), and (5) [(4)-(6),] and (c) that at the time of the
	commission of the offense, the actor was:
	(1)  a judge or justice of a federal court;
	(2)  an active judicial officer, as defined by Section
	411.201, Government Code; or
	(3)  a district attorney, assistant district attorney,
	criminal district attorney, assistant criminal district attorney,
	county attorney, or assistant county attorney.
	SECTION 6.  The change in law made by this Act applies 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 on the date 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 7.  This Act takes effect September 1, 2015.