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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying of a concealed handgun by a license holder |
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on certain premises. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 30.06, Penal Code, is amended by adding |
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Subsection (f) to read as follows: |
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(f) Notice given under this section at a meeting of a |
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governmental entity must be limited to the room or rooms where the |
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meeting is being held. |
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SECTION 2. Section 46.03, Penal Code, is amended by |
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amending Subsections (a) and (f) and adding Subsection (f-1) to |
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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, illegal |
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knife, club, or prohibited weapon listed in Section 46.05(a): |
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(1) unless pursuant to written regulations or written |
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authorization of a school or educational institution, regardless of |
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whether the school or educational institution is public or private, |
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on: |
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(A) the [physical] premises of the [a] school or |
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educational institution on a day when classes are in session and |
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students are present; |
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(B) [,] any grounds [or building] on which an |
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activity sponsored by the [a] school or educational institution is |
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being conducted and which is owned by or under the control of the |
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school or educational institution, while students are present; [,] |
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or |
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(C) a passenger transportation vehicle owned by |
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or under the control of the [a] school or educational institution, |
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while students are present [, whether the school or educational
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institution is public or private, unless pursuant to written
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regulations or written authorization 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; or |
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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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(f) It is not a defense to prosecution for an offense under |
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Subsection (a)(1), (3), (5), or (6) [this section] that the actor |
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possessed or carried a handgun that the actor [and] was licensed to |
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carry [a concealed handgun] under Subchapter H, Chapter 411, |
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Government Code. It is an exception to the application of |
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Subsection (a)(2) or (4) that the actor possessed or carried a |
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handgun that the actor was licensed to carry under that subchapter. |
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(f-1) It is an exception to the application of Subsections |
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(a)(1)(A) and (C) that the actor: |
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(1) possessed or carried a handgun that the actor was |
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licensed to carry under Subchapter H, Chapter 411, Government Code; |
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(2) was not otherwise prohibited from possessing or |
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carrying the handgun under Section 46.035 or this section; and |
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(3) possessed or carried the handgun on the premises, |
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or passenger transportation vehicle during a time when: |
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(A) no activities sponsored by the school or |
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educational institution that owned or leased the premises or |
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passenger transportation vehicle were being conducted; and |
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(B) the premises, grounds, building, or |
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passenger transportation vehicle was temporarily being used by an |
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entity other than a school or educational institution. |
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SECTION 3. Sections 46.035(b) and (c), Penal Code, are |
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amended to read as follows: |
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(b) A license holder commits an offense if the license |
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holder intentionally, knowingly, or recklessly carries a handgun |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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regardless of whether the handgun is concealed, on or about the |
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license holder's person: |
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(1) 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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(2) 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 license holder is a participant in the event and a |
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handgun is used in the event; |
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(3) on the premises of a correctional facility; or |
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(4) 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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home licensed under Chapter 242, Health and Safety Code, unless the |
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license holder: |
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(A) has written authorization of the hospital or |
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nursing home administration, as appropriate; or |
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(B) has not received effective notice under |
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Section 30.06 |
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[(5) in an amusement park; or
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[(6)
on the premises of a church, synagogue, or
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other established place of religious worship]. |
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(c) A license holder commits an offense if the license |
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holder intentionally, knowingly, or recklessly carries a handgun |
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under the authority of Subchapter H, Chapter 411, Government Code, |
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regardless of whether the handgun is concealed, in the room or rooms |
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where a [at any] meeting of a governmental entity is held, unless: |
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(1) the meeting is not subject to Chapter 551, Government |
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Code; or |
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(2) the license holder has not received effective notice |
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under Section 30.06. |
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SECTION 4. Section 46.035(h-1), Penal Code, as added by |
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Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular |
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Session, 2007, is amended to read as follows: |
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(h-1) It is a defense to prosecution under Subsections |
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(b)(1), (2), and (4) [(4)-(6)], and (c) that at the time of the |
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commission of the offense, the actor was: |
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(1) a judge or justice of a federal court; |
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(2) an active judicial officer, as defined by Section |
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411.201, Government Code; or |
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(3) a district attorney, assistant district attorney, |
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criminal district attorney, assistant criminal district attorney, |
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county attorney, or assistant county attorney. |
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SECTION 5. Sections 46.035(f)(1) and (i), Penal Code, are |
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repealed. |
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SECTION 6. 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 7. This Act takes effect September 1, 2013. |