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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense involving the carrying of handguns by |
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license holders on the premises of certain mental health |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.204, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (f) to read as |
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follows: |
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(b) A hospital licensed under Chapter 241, Health and Safety |
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Code, [or] a nursing facility [home] licensed under Chapter 242, |
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Health and Safety Code, a facility that is operated by or under |
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contract with a local mental health authority or a community center |
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and that provides mental health services, a mental health facility, |
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or a mental hospital shall prominently display at each entrance to |
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the hospital or facility [or nursing home], as appropriate, a sign |
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that complies with the requirements of Subsection (c) other than |
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the requirement that the sign include on its face the number "51". |
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(f) In this section, "community center," "local mental |
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health authority," "mental health facility," and "mental hospital" |
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have the meanings assigned by Section 571.003, Health and Safety |
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Code. |
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SECTION 2. Section 46.035, Penal Code, is amended by |
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amending Subsections (b) and (i) and adding Subsection (i-1) to |
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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 or carried in a |
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shoulder or belt holster, on or about the 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; |
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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 |
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nursing facility licensed under Chapter 242, Health and Safety |
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Code, a facility that is operated by or under contract with a local |
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mental health authority or a community center and that provides |
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mental health services, a mental health facility, or a mental |
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hospital unless the license holder has written authorization of the |
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administration of the hospital or [nursing] facility |
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[administration], as appropriate; |
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(5) in an amusement park; or |
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(6) on the premises of a church, synagogue, or other |
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established place of religious worship. |
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(i) Subsections [(b)(4),] (b)(5), (b)(6), and (c) do not |
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apply if the actor was not given effective notice under Section |
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30.06 or 30.07. |
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(i-1) Subsection (b)(4) does not apply if the actor was not |
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given effective notice under Section 30.06 or 30.07 or under |
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Section 411.204, Government Code. |
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SECTION 3. Section 46.035(f), Penal Code, is amended by |
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amending Subdivision (1-a) and adding Subdivision (1-b) to read as |
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follows: |
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(1-a) "Community center," "local mental health |
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authority," "mental health facility," and "mental hospital" have |
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the meanings assigned by Section 571.003, Health and Safety Code. |
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(1-b) "Institution of higher education" and "private |
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or independent institution of higher education" have the meanings |
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assigned by Section 61.003, Education Code. |
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SECTION 4. 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 5. This Act takes effect September 1, 2017. |