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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 or property of certain recreational |
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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. Sections 46.035(b) and (i), Penal Code, are |
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amended to 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 nursing |
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facility licensed under Chapter 242, Health and Safety Code, unless |
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the license holder has written authorization of the hospital or |
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nursing facility administration, as appropriate; |
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(5) in an amusement park; [or] |
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(6) on the premises of a civil commitment facility; or |
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(7) regardless of whether the facility is enclosed and |
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if the facility is not a premises on which an event is occurring as |
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described by Subdivision (2), on the premises or property of an |
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indoor or outdoor arena, stadium, golf course, automobile |
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racetrack, amphitheater, auditorium, theater, museum, zoo, |
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botanical garden, civic center, or convention center, unless the |
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license holder is a participant in an event conducted at the |
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facility and a handgun is used in the event. |
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(i) Subsections (b)(4), (b)(5), (b)(7), and (c) do not apply |
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if the actor was not given effective notice under Section 30.06 or |
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30.07. |
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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, 2021. |