84R26605 E
	By: Springer	H.B. No. 308
	Substitute the following for H.B. No. 308:
	By:  Phillips	C.S.H.B. No. 308

	A BILL TO BE ENTITLED
	AN ACT
	relating to the places where a person may carry a handgun if the
	person is licensed to carry a concealed handgun; amending
	provisions subject to a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 30.06(d), Penal Code, is amended to read
	as follows:
	(d)  An offense under this section is a Class C misdemeanor
	punishable by a fine not to exceed $200, except that the offense is
	a Class A misdemeanor if it is shown on the trial of the offense
	that, after entering the property, the license holder was
	personally given the notice by oral communication described by
	Subsection (b) and subsequently failed to depart.
	SECTION 2.  Section 46.03, Penal Code, is amended by
	amending Subsection (a) and adding Subsection (b-1) to read as
	follows:
	(a)  A person commits an offense if the person intentionally,
	knowingly, or recklessly possesses or goes with a firearm, illegal
	knife, club, or prohibited weapon listed in Section 46.05(a):
	(1)  unless pursuant to written regulations or written
	authorization of a school or educational institution, and
	regardless of whether the school or educational institution is
	public or private, on:
	(A)  the physical premises of the [a] school or
	educational institution;
	(B)  the portion of[,] any grounds or building on
	which an activity sponsored by the [a] school or educational
	institution is being conducted; [,] or
	(C)  a passenger transportation vehicle of the [a]
	school or educational institution[, whether the school or
	educational institution is public or private, unless pursuant to
	written regulations or written authorization of the institution];
	(2)  on the portion of the premises of a polling place
	where voting or other election-related activities are occurring on
	the day of an election or while early voting is in progress;
	(3)  on the premises of any government court or offices
	utilized by the court, unless pursuant to written regulations or
	written authorization of the court;
	(4)  on the premises of a racetrack;
	(5)  in or into a secured area of an airport; or
	(6)  within 1,000 feet of premises the location of
	which is designated by the Texas Department of Criminal Justice as a
	place of execution under Article 43.19, Code of Criminal Procedure,
	on a day that a sentence of death is set to be imposed on the
	designated premises and the person received notice that:
	(A)  going within 1,000 feet of the premises with
	a weapon listed under this subsection was prohibited; or
	(B)  possessing a weapon listed under this
	subsection within 1,000 feet of the premises was prohibited.
	(b-1)  It is a defense to prosecution under Subsection
	(a)(1)(B) that at the time of the commission of the offense:
	(1)  the actor was carrying a handgun under the
	authority of Subchapter H, Chapter 411, Government Code, and no
	other weapon to which this section applies;
	(2)  the actor was not otherwise prohibited from
	carrying the handgun under another provision of this code or other
	law;
	(3)  the activity sponsored by the school or
	educational institution was a field trip; and
	(4)  the actor was not a student, teacher, school or
	school district administrator, or chaperone taking the field trip.
	SECTION 3.  Section 46.035, Penal Code, as amended by
	Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
	Legislature, Regular Session, 2007, is amended to read as follows:
	Sec. 46.035.  UNLAWFUL CARRYING OF HANDGUN BY LICENSE
	HOLDER. (a)  A license holder commits an offense if the license
	holder carries a handgun on or about the license holder's person
	under the authority of Subchapter H, Chapter 411, Government Code,
	and intentionally displays the handgun in plain view of another
	person in a public place.
	(b)  A license holder commits an offense if the license
	holder intentionally, knowingly, or recklessly carries a handgun
	under the authority of Subchapter H, Chapter 411, Government Code,
	regardless of whether the handgun is concealed, on or about the
	license holder's person:
	(1)  on the premises of a business that has a permit or
	license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic
	Beverage Code, if the business derives 51 percent or more of its
	income from the sale or service of alcoholic beverages for
	on-premises consumption, as determined by the Texas Alcoholic
	Beverage Commission under Section 104.06, Alcoholic Beverage Code;
	(2)  on the premises where a high school, collegiate,
	or professional sporting event or interscholastic event is taking
	place, unless the license holder is a participant in the event and a
	handgun is used in the event; or
	(3)  on the premises of a correctional facility[;
	[(4)     on the premises of a hospital licensed under
	Chapter 241, Health and Safety Code, or on the premises of a nursing
	home licensed under Chapter 242, Health and Safety Code, unless the
	license holder has written authorization of the hospital or nursing
	home administration, as appropriate;
	[(5)  in an amusement park; or
	[(6)     on the premises of a church, synagogue, or other
	established place of religious worship].
	(c)  A license holder commits an offense if the license
	holder intentionally, knowingly, or recklessly carries a handgun
	under the authority of Subchapter H, Chapter 411, Government Code,
	regardless of whether the handgun is concealed, at any meeting of a
	governmental entity.
	(d)  A license holder commits an offense if, while
	intoxicated, the license holder carries a handgun under the
	authority of Subchapter H, Chapter 411, Government Code, regardless
	of whether the handgun is concealed.
	(e)  A license holder who is licensed as a security officer
	under Chapter 1702, Occupations Code, and employed as a security
	officer commits an offense if, while in the course and scope of the
	security officer's employment, the security officer violates a
	provision of Subchapter H, Chapter 411, Government Code.
	(f)  In this section:
	(1)  ["Amusement park" means a permanent indoor or
	outdoor facility or park where amusement rides are available for
	use by the public that is located in a county with a population of
	more than one million, encompasses at least 75 acres in surface
	area, is enclosed with access only through controlled entries, is
	open for operation more than 120 days in each calendar year, and has
	security guards on the premises at all times. The term does not
	include any public or private driveway, street, sidewalk or
	walkway, parking lot, parking garage, or other parking area.
	[(2)]  "License holder" means a person licensed to
	carry a handgun under Subchapter H, Chapter 411, Government Code.
	(2) [(3)]  "Premises" means a building or a portion of
	a building. The term does not include any public or private
	driveway, street, sidewalk or walkway, parking lot, parking garage,
	or other parking area.
	(g)  An offense under this section [Subsection (a), (b), (c),
	(d), or (e)] is a Class C [A] misdemeanor, unless the offense is
	committed under Subsection (d) or the license holder has previously
	been convicted of an offense under this section [(b)(1) or (b)(3)],
	in which event the offense is a Class A misdemeanor [felony of the
	third degree].
	(h)  It is a defense to prosecution under Subsection (a) that
	the actor, at the time of the commission of the offense, displayed
	the handgun under circumstances in which the actor would have been
	justified in the use of force or deadly force under Chapter 9.
	(h-1)  It is a defense to prosecution under Subsections (b)
	and (c) that the actor, at the time of the commission of the
	offense, was:
	(1)  an active judicial officer, as defined by Section
	411.201, Government Code; or
	(2)  a bailiff designated by the active judicial
	officer and engaged in escorting the officer.
	[(h-1) It is a defense to prosecution under Subsections
	(b)(1), (2), and (4)-(6), and (c) that at the time of the commission
	of the offense, the actor was:
	[(1)  a judge or justice of a federal court;
	[(2)     an active judicial officer, as defined by Section
	411.201, Government Code; or
	[(3)     a district attorney, assistant district
	attorney, criminal district attorney, assistant criminal district
	attorney, county attorney, or assistant county attorney.]
	(i)  Subsection [Subsections (b)(4), (b)(5), (b)(6), and]
	(c) does [do] not apply if the actor was not given effective notice
	under Section 30.06.
	(j)  Subsections (a) and (b)(1) do not apply to a historical
	reenactment performed in compliance with the rules of the Texas
	Alcoholic Beverage Commission.
	(k)  It is a defense to prosecution under Subsection (b)(1)
	that the actor was not given effective notice under Section
	411.204, Government Code.
	SECTION 4.  Section 411.201(a)(2), Government Code, is
	amended to read as follows:
	(2)  "Retired judicial officer" means:
	(A)  a special judge appointed under Section
	26.023 or 26.024; [or]
	(B)  a senior judge designated under Section
	75.001 or a judicial officer as designated or defined by Section
	75.001, 831.001, or 836.001; or
	(C)  a retired federal judge who is a resident of
	this state.
	SECTION 5.  Section 411.204(c), Government Code, is amended
	to read as follows:
	(c)  The sign required under Subsection [Subsections] (a)
	[and (b)] must give notice in both English and Spanish that it is
	unlawful for a person licensed under this subchapter to carry a
	handgun on the premises. The sign must appear in contrasting colors
	with block letters at least one inch in height and must include on
	its face the number "51" printed in solid red at least five inches
	in height. The sign shall be displayed in a conspicuous manner
	clearly visible to the public.
	SECTION 6.  Section 411.204(b), Government Code, is
	repealed.
	SECTION 7.  The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect when the offense was committed, and
	the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 8.  This Act takes effect January 1, 2016.