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.