87R3017 MCF-D
	By: Anchia	H.B. No. 1768

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution of certain offenses involving the
	carrying of weapons at amusement parks or locations associated with
	schools or other educational institutions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 46.03(a), Penal Code, is amended to read
	as follows:
	(a)  A person commits an offense if the person intentionally,
	knowingly, or recklessly possesses or goes with a firearm,
	location-restricted knife, club, or prohibited weapon listed in
	Section 46.05(a):
	(1)  on the [physical] premises, campus, or grounds of
	a school or other educational institution, on any grounds or
	building on which an activity sponsored by a school or other
	educational institution is being conducted or is regularly
	conducted, or in a passenger transportation vehicle of a school or
	other educational institution, whether the school or [educational]
	institution is public or private, unless:
	(A)  pursuant to written regulations or written
	authorization of the school or institution; or
	(B)  the person possesses or goes with a concealed
	handgun that the person is licensed to carry under Subchapter H,
	Chapter 411, Government Code, and no other weapon to which this
	section applies, on the premises, campus, or grounds of an
	institution of higher education or a private or independent
	institution of higher education, on any grounds or building on
	which an activity sponsored by the institution is being conducted
	or is regularly conducted, or in a passenger transportation vehicle
	of the institution;
	(2)  on the premises of a polling place 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.
	SECTION 2.  Section 46.03(c), Penal Code, is amended by
	amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
	read as follows:
	(1)  "Educational institution" means:
	(A)  a school;
	(B)  a postsecondary educational institution; or
	(C)  a library, children's nursery, day-care
	facility, or after-school program operated by a public or private
	school or postsecondary educational institution.
	(1-a)  "Institution of higher education" and "private
	or independent institution of higher education" have the meanings
	assigned by Section 61.003, Education Code.
	(1-b)  "Postsecondary educational institution" means
	any public or private institution that provides courses of
	instruction beyond those offered in secondary schools.  The term
	includes:
	(A)  a proprietary, vocational, or technical
	school; and
	(B)  an institution of higher education or a
	private or independent institution of higher education.
	SECTION 3.  Section 46.035(f)(1), Penal Code, is amended to
	read as follows:
	(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 10 [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.]
	SECTION 4.  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 on the date 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 5.  This Act takes effect September 1, 2021.