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AN ACT
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relating to the criminal punishment for the threatened exhibition |
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or use of a firearm in or on school property or on a school bus. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.125, Education Code, is amended to |
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read as follows: |
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Sec. 37.125. EXHIBITION, USE, OR THREAT OF EXHIBITION OR |
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USE OF FIREARMS. (a) A person commits an offense if, in a manner |
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intended to cause alarm or personal injury to another person or to |
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damage school property, the person intentionally: |
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(1) exhibits or [,] uses[, or threatens to exhibit or
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use] a firearm: |
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(A) [(1)] in or on any property, including a |
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parking lot, parking garage, or other parking area, that is owned by |
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a private or public school; or |
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(B) [(2)] on a school bus being used to transport |
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children to or from school-sponsored activities of a private or |
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public school; |
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(2) threatens to exhibit or use a firearm in or on |
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property described by Subdivision (1)(A) or on a bus described by |
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Subdivision (1)(B) and was in possession of or had immediate access |
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to the firearm; or |
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(3) threatens to exhibit or use a firearm in or on |
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property described by Subdivision (1)(A) or on a bus described by |
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Subdivision (1)(B). |
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(b) An offense under Subsection (a)(1) or (2) [this section] |
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is a third degree felony. |
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(c) An offense under Subsection (a)(3) is a Class A |
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misdemeanor. |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2880 was passed by the House on May 6, |
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2017, by the following vote: Yeas 138, Nays 6, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2880 was passed by the Senate on May |
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24, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |