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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying of certain knives. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.007(a), Education Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (k), a student shall be |
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expelled from a school if the student, on school property or while |
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attending a school-sponsored or school-related activity on or off |
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of school property: |
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(1) engages in conduct that contains the elements of |
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the offense of unlawfully carrying weapons under Section 46.02, |
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Penal Code, or elements of an offense relating to prohibited |
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weapons under Section 46.05, Penal Code; |
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(2) engages in conduct that contains the elements of |
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the offense of: |
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(A) aggravated assault under Section 22.02, |
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Penal Code, sexual assault under Section 22.011, Penal Code, or |
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aggravated sexual assault under Section 22.021, Penal Code; |
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(B) arson under Section 28.02, Penal Code; |
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(C) murder under Section 19.02, Penal Code, |
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capital murder under Section 19.03, Penal Code, or criminal |
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attempt, under Section 15.01, Penal Code, to commit murder or |
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capital murder; |
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(D) indecency with a child under Section 21.11, |
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Penal Code; |
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(E) aggravated kidnapping under Section 20.04, |
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Penal Code; |
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(F) aggravated robbery under Section 29.03, |
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Penal Code; |
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(G) manslaughter under Section 19.04, Penal |
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Code; |
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(H) criminally negligent homicide under Section |
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19.05, Penal Code; or |
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(I) continuous sexual abuse of young child or |
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children under Section 21.02, Penal Code; [or] |
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(3) engages in conduct specified by Section |
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37.006(a)(2)(C) or (D), if the conduct is punishable as a felony; or |
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(4) uses, exhibits, or possesses: |
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(A) a knife with a blade over five and one-half |
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inches; |
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(B) a hand instrument designed to cut or stab |
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another by being thrown; |
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(C) a dagger, including a dirk, stiletto, and |
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poniard; |
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(D) a bowie knife; |
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(E) a sword; or |
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(F) a spear. |
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SECTION 2. Section 52.031(a), Family Code, is amended to |
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read as follows: |
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(a) A juvenile board may establish a first offender program |
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under this section for the referral and disposition of children |
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taken into custody, or accused prior to the filing of a criminal |
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charge, of: |
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(1) conduct indicating a need for supervision; |
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(2) a Class C misdemeanor, other than a traffic |
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offense; or |
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(3) delinquent conduct other than conduct that |
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constitutes: |
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(A) a felony of the first, second, or third |
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degree, an aggravated controlled substance felony, or a capital |
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felony; or |
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(B) a state jail felony or misdemeanor involving |
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violence to a person or the use or possession of a firearm[, illegal
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knife,] or club, as those terms are defined by Section 46.01, Penal |
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Code, or a prohibited weapon, as described by Section 46.05, Penal |
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Code. |
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SECTION 3. Section 53.01(d), Family Code, is amended to |
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read as follows: |
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(d) Unless the juvenile board approves a written procedure |
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proposed by the office of prosecuting attorney and chief juvenile |
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probation officer which provides otherwise, if it is determined |
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that the person is a child and, regardless of a finding of probable |
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cause, or a lack thereof, there is an allegation that the child |
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engaged in delinquent conduct of the grade of felony, or conduct |
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constituting a misdemeanor offense involving violence to a person |
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or the use or possession of a firearm[, illegal knife,] or club, as |
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those terms are defined by Section 46.01, Penal Code, or prohibited |
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weapon, as described by Section 46.05, Penal Code, the case shall be |
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promptly forwarded to the office of the prosecuting attorney, |
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accompanied by: |
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(1) all documents that accompanied the current |
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referral; and |
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(2) a summary of all prior referrals of the child to |
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the juvenile court, juvenile probation department, or a detention |
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facility. |
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SECTION 4. Section 46.02(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if the person: |
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(1) intentionally, knowingly, or recklessly carries |
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on or about his or her person a handgun[, illegal knife,] or club; |
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and |
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(2) [if the person] is not: |
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(A) [(1)] on the person's own premises or |
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premises under the person's control; or |
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(B) [(2)] inside of or directly en route to a |
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motor vehicle or watercraft that is owned by the person or under the |
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person's control. |
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SECTION 5. Section 46.03(a), Penal Code, is amended to read |
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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) 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; 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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SECTION 6. Section 46.06(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if the person: |
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(1) sells, rents, leases, loans, or gives a handgun to |
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any person knowing that the person to whom the handgun is to be |
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delivered intends to use it unlawfully or in the commission of an |
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unlawful act; |
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(2) intentionally or knowingly sells, rents, leases, |
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or gives or offers to sell, rent, lease, or give to any child |
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younger than 18 years of age any firearm or[,] club[, or illegal
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knife]; |
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(3) intentionally, knowingly, or recklessly sells a |
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firearm or ammunition for a firearm to any person who is |
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intoxicated; |
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(4) knowingly sells a firearm or ammunition for a |
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firearm to any person who has been convicted of a felony before the |
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fifth anniversary of the later of the following dates: |
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(A) the person's release from confinement |
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following conviction of the felony; or |
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(B) the person's release from supervision under |
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community supervision, parole, or mandatory supervision following |
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conviction of the felony; |
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(5) sells, rents, leases, loans, or gives a handgun to |
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any person knowing that an active protective order is directed to |
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the person to whom the handgun is to be delivered; or |
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(6) knowingly purchases, rents, leases, or receives as |
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a loan or gift from another a handgun while an active protective |
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order is directed to the actor. |
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SECTION 7. Sections 46.01(6) and 46.15(e), Penal Code, are |
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repealed. |
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SECTION 8. 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 9. This Act takes effect September 1, 2017. |