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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense involving the possession |
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or carrying of certain weapons on the premises or property of |
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certain locations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 46.03(a) and (g-2), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person intentionally, |
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knowingly, or recklessly possesses or goes with a firearm, |
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location-restricted knife, club, or prohibited weapon listed in |
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Section 46.05(a): |
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(1) on the physical premises of a school or |
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educational institution, any grounds or building on which an |
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activity sponsored by a school or educational institution is being |
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conducted, or a passenger transportation vehicle of a school or |
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educational institution, whether the school or educational |
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institution is public or private, unless: |
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(A) pursuant to written regulations or written |
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authorization of the institution; or |
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(B) the person possesses or goes with a concealed |
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handgun that the person is licensed to carry under Subchapter H, |
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Chapter 411, Government Code, and no other weapon to which this |
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section applies, on the premises of an institution of higher |
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education or private or independent institution of higher |
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education, on any grounds or building on which an activity |
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sponsored by the institution is being conducted, or in a passenger |
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transportation vehicle of the institution; |
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(2) on the premises of a polling place on the day of an |
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election or while early voting is in progress; |
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(3) on the premises of any government court or offices |
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utilized by the court, unless pursuant to written regulations or |
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written authorization of the court; |
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(4) on the premises of a racetrack; |
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(5) in or into a secured area of an airport; |
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(6) within 1,000 feet of premises the location of |
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which is designated by the Texas Department of Criminal Justice as a |
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place of execution under Article 43.19, Code of Criminal Procedure, |
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on a day that a sentence of death is set to be imposed on the |
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designated premises and the person received notice that: |
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(A) going within 1,000 feet of the premises with |
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a weapon listed under this subsection was prohibited; or |
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(B) possessing a weapon listed under this |
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subsection within 1,000 feet of the premises was prohibited; |
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(7) on the premises of a business that has a permit or |
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license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
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Beverage Code, if the business derives 51 percent or more of its |
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income from the sale or service of alcoholic beverages for |
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on-premises consumption, as determined by the Texas Alcoholic |
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Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
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(8) on the premises where a high school, collegiate, |
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or professional sporting event or interscholastic event is taking |
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place, unless the person is a participant in the event and a |
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firearm, location-restricted knife, club, or prohibited weapon |
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listed in Section 46.05(a) is used in the event; |
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(9) on the premises of a correctional facility; |
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(10) on the premises of a civil commitment facility; |
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(11) on the premises of a hospital licensed under |
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Chapter 241, Health and Safety Code, or on the premises of a nursing |
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facility licensed under Chapter 242, Health and Safety Code, unless |
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the person has written authorization of the hospital or nursing |
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facility administration, as appropriate; |
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(12) on the premises of a mental hospital, as defined |
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by Section 571.003, Health and Safety Code, unless the person has |
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written authorization of the mental hospital administration; |
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(13) in an amusement park; [or] |
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(14) in the room or rooms where a meeting of a |
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governmental entity is held, if the meeting is an open meeting |
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subject to Chapter 551, Government Code, and if the entity provided |
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notice as required by that chapter; |
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(15) on the premises of a museum; |
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(16) on the premises of a child-care or recreational |
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facility; or |
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(17) in a public park. |
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(g-2) An offense committed under Subsection (a)(8), |
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(a)(10), (a)(11), (a)(13), (a)(15), (a)(16), (a)(17), (a-2), |
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(a-3), or (a-4) is a Class A misdemeanor. |
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SECTION 2. Section 46.15(b), Penal Code, is amended to read |
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as follows: |
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(b) Sections 46.02, 46.03(a)(14), (a)(15), (a)(16), and |
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(a)(17), and 46.04(a-1) do not apply to a person who: |
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(1) is in the actual discharge of official duties as a |
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member of the armed forces or state military forces as defined by |
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Section 437.001, Government Code, or as a guard employed by a penal |
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institution; |
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(2) is traveling; |
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(3) is engaging in lawful hunting, fishing, or other |
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sporting activity on the immediate premises where the activity is |
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conducted, or is en route between the premises and the actor's |
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residence, motor vehicle, or watercraft, if the weapon is a type |
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commonly used in the activity; |
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(4) holds a security officer commission issued by the |
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Texas Private Security Board, if the person is engaged in the |
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performance of the person's duties as an officer commissioned under |
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Chapter 1702, Occupations Code, or is traveling to or from the |
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person's place of assignment and is wearing the officer's uniform |
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and carrying the officer's weapon in plain view; |
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(5) acts as a personal protection officer and carries |
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the person's security officer commission and personal protection |
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officer authorization, if the person: |
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(A) is engaged in the performance of the person's |
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duties as a personal protection officer under Chapter 1702, |
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Occupations Code, or is traveling to or from the person's place of |
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assignment; and |
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(B) is either: |
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(i) wearing the uniform of a security |
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officer, including any uniform or apparel described by Section |
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1702.323(d), Occupations Code, and carrying the officer's weapon in |
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plain view; or |
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(ii) not wearing the uniform of a security |
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officer and carrying the officer's weapon in a concealed manner; |
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(6) is carrying: |
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(A) a license issued under Subchapter H, Chapter |
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411, Government Code, to carry a handgun; and |
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(B) a handgun: |
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(i) in a concealed manner; or |
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(ii) in a holster; |
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(7) holds an alcoholic beverage permit or license or |
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is an employee of a holder of an alcoholic beverage permit or |
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license if the person is supervising the operation of the permitted |
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or licensed premises; or |
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(8) is a student in a law enforcement class engaging in |
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an activity required as part of the class, if the weapon is a type |
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commonly used in the activity and the person is: |
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(A) on the immediate premises where the activity |
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is conducted; or |
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(B) en route between those premises and the |
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person's residence and is carrying the weapon unloaded. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |