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A BILL TO BE ENTITLED
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AN ACT
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relating to the carrying of concealed handguns by certain license |
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holders on certain locations associated with a public or private |
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school or educational institution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.03, Penal Code, is amended by |
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amending Subsection (a) and adding Subsection (b-1) to read as |
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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; |
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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; [,] or |
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(C) a passenger transportation vehicle of the [a] |
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school or educational institution[, whether the school or
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educational institution is public or private, unless pursuant to
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written 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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(b-1) It is a defense to prosecution under Subsection |
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(a)(1)(B) that at the time of the commission of the offense: |
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(1) the actor was carrying a handgun under the |
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authority of Subchapter H, Chapter 411, Government Code, and no |
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other weapon to which this section applies; |
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(2) the actor was not otherwise prohibited from |
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carrying the handgun under another provision of this code or other |
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law; |
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(3) the activity sponsored by the school or |
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educational institution was a field trip; and |
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(4) the actor was not a student, teacher, school or |
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school district administrator, or chaperone taking the field trip. |
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SECTION 2. 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 3. This Act takes effect September 1, 2015. |