87R10736 KJE-D
	By: Eckhardt	S.B. No. 1289

	A BILL TO BE ENTITLED
	AN ACT
	relating to prohibiting the carrying of a firearm on property owned
	or leased by a governmental entity.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Section 411.2031, Government
	Code, is amended to read as follows:
	Sec. 411.2031.  CARRYING OF HANDGUNS BY LICENSE HOLDERS ON
	CERTAIN PRIVATE CAMPUSES.
	SECTION 2.  Sections 411.2031(a)(1) and (2), Government
	Code, are amended to read as follows:
	(1)  "Campus" means all land and buildings owned or
	leased by a [an institution of higher education or] private or
	independent institution of higher education.
	(2)  "Private ["Institution of higher education" and
	"private] or independent institution of higher education" has
	[have] the meaning [meanings] assigned by Section 61.003, Education
	Code.
	SECTION 3.  Section 411.2031(d), Government Code, is amended
	to read as follows:
	(d)  A [An institution of higher education or] private or
	independent institution of higher education in this state may
	establish rules, regulations, or other provisions prohibiting or
	regulating [concerning] the storage of handguns in dormitories or
	other residential facilities that are owned or leased and operated
	by the institution and located on the campus of the institution.
	SECTION 4.  Section 229.001(b), Local Government Code, is
	amended to read as follows:
	(b)  Subsection (a) does not affect the authority a
	municipality has under another law to:
	(1)  require residents or public employees to be armed
	for personal or national defense, law enforcement, or another
	lawful purpose;
	(2)  regulate the discharge of firearms or air guns
	within the limits of the municipality, other than at a sport
	shooting range;
	(3)  except as provided by Subsection (b-1), adopt or
	enforce a generally applicable zoning ordinance, land use
	regulation, fire code, or business ordinance;
	(4)  regulate the use of firearms, air guns, or knives
	in the case of an insurrection, riot, or natural disaster if the
	municipality finds the regulations necessary to protect public
	health and safety;
	(5)  regulate the storage or transportation of
	explosives to protect public health and safety, except that 25
	pounds or less of black powder for each private residence and 50
	pounds or less of black powder for each retail dealer are not
	subject to regulation;
	(6)  regulate the carrying of a firearm or air gun by a
	person other than a person licensed to carry a handgun under
	Subchapter H, Chapter 411, Government Code, at a:
	(A)  public park;
	(B)  public meeting of a municipality, county, or
	other governmental body;
	(C)  political rally, parade, or official
	political meeting; or
	(D)  nonfirearms-related school, college, or
	professional athletic event;
	(7)  regulate the carrying of a firearm by a person
	licensed to carry a handgun under Subchapter H, Chapter 411,
	Government Code[, in accordance with Section 411.209, Government
	Code];
	(8)  regulate the hours of operation of a sport
	shooting range, except that the hours of operation may not be more
	limited than the least limited hours of operation of any other
	business in the municipality other than a business permitted or
	licensed to sell or serve alcoholic beverages for on-premises
	consumption;
	(9)  regulate the carrying of an air gun by a minor on:
	(A)  public property; or
	(B)  private property without consent of the
	property owner; or
	(10)  except as provided by Subsection (d-1), regulate
	or prohibit an employee's carrying or possession of a firearm,
	firearm accessory, or ammunition in the course of the employee's
	official duties.
	SECTION 5.  Section 236.002(c), Local Government Code, is
	amended to read as follows:
	(c)  Subsection (a) does not affect the authority of a county
	to:
	(1)  require a resident or public employee to be armed
	for personal or national defense, law enforcement, or other purpose
	under other law;
	(2)  regulate the discharge of firearms or air guns in
	accordance with Section 235.022;
	(3)  regulate the carrying of a firearm by a person
	licensed to carry a handgun under Subchapter H, Chapter 411,
	Government Code[, in accordance with Section 411.209, Government
	Code];
	(4)  except as provided by Subsection (d), adopt or
	enforce a generally applicable land use regulation, fire code, or
	business regulation; or
	(5)  except as provided by Subsection (e), regulate or
	prohibit an employee's carrying or possession of a firearm, firearm
	accessory, or ammunition in the course of the employee's official
	duties.
	SECTION 6.  Section 46.03, Penal Code, is amended by
	amending Subsections (a) and (b) and adding Subsection (a-2) 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 of a school or
	educational institution, any grounds or building on which an
	activity sponsored by a school or educational institution is being
	conducted, or a passenger transportation vehicle of a school or
	educational institution, [whether the school or educational
	institution is public or private,] unless:
	(A)  the actor possesses or goes with a weapon
	other than a firearm pursuant to written regulations or written
	authorization of the school or institution; [or]
	(B)  the actor possesses or goes with a firearm on
	the premises of a private school or a private or independent
	institution of higher education, on any grounds or building on
	which an activity sponsored by the school or institution is being
	conducted, or in a passenger transportation vehicle of the school
	or institution pursuant to the written regulations or written
	authorization of the school or institution; or
	(C)  the actor [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 of a [an institution of
	higher education or] private or independent institution of higher
	education, on any grounds or building on which an activity
	sponsored by the institution is being 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.
	(a-2)  A person commits an offense if the person
	intentionally, knowingly, or recklessly possesses or goes with a
	firearm on premises owned or leased by a governmental entity.
	(b)  It is a defense to prosecution under Subsections
	(a)(1)-(4) and (a-2) that the actor possessed a firearm while in the
	actual discharge of the actor's [his] official duties as a member of
	the armed forces or national guard or a guard employed by a penal
	institution, or an officer of the court.
	SECTION 7.  Section 46.03(c)(1), Penal Code, is amended to
	read as follows:
	(1)  "Private ["Institution of higher education" and
	"private] or independent institution of higher education" has
	[have] the meaning [meanings] assigned by Section 61.003, Education
	Code.
	SECTION 8.  Section 46.035(a-1), Penal Code, as added by
	Chapter 438 (S.B. 11), Acts of the 84th Legislature, Regular
	Session, 2015, is amended to read as follows:
	(a-1)  Notwithstanding Subsection (a), a license holder
	commits an offense if the license holder carries a partially or
	wholly visible handgun, regardless of whether the handgun is
	holstered, on or about the license holder's person under the
	authority of Subchapter H, Chapter 411, Government Code, and
	intentionally or knowingly displays the handgun in plain view of
	another person:
	(1)  on the premises of a [an institution of higher
	education or] private or independent institution of higher
	education; or
	(2)  on any public or private driveway, street,
	sidewalk or walkway, parking lot, parking garage, or other parking
	area of a [an institution of higher education or] private or
	independent institution of higher education.
	SECTION 9.  Section 46.035(f)(1-a), Penal Code, is amended
	to read as follows:
	(1-a) "Private ["Institution of higher education" and
	"private] or independent institution of higher education" has
	[have] the meaning [meanings] assigned by Section 61.003, Education
	Code.
	SECTION 10.  Sections 46.035(h) and (j), Penal Code, are
	amended to read as follows:
	(h)  It is a defense to prosecution under Subsection (a),
	(a-1), or (a-2)[, or (a-3)] 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.
	(j)  Subsections (a), (a-1), (a-2), [(a-3),] and (b)(1) do
	not apply to a historical reenactment performed in compliance with
	the rules of the Texas Alcoholic Beverage Commission.
	SECTION 11.  Section 46.15(l), Penal Code, is amended to
	read as follows:
	(l)  Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), [and]
	(a)(4), and (a-2), and 46.035(a), (a-1), (a-2), [(a-3),] (b)(1),
	(b)(5), and (b)(6) do not apply to a person who carries a handgun
	if:
	(1)  the person carries the handgun on the premises, as
	defined by the statute providing the applicable offense, of a
	location operating as an emergency shelter during a state of
	disaster declared under Section 418.014, Government Code, or a
	local state of disaster declared under Section 418.108, Government
	Code;
	(2)  the owner, controller, or operator of the premises
	or a person acting with the apparent authority of the owner,
	controller, or operator, authorized the carrying of the handgun;
	(3)  the person carrying the handgun complies with any
	rules and regulations of the owner, controller, or operator of the
	premises that govern the carrying of a handgun on the premises; and
	(4)  the person is not prohibited by state or federal
	law from possessing a firearm.
	SECTION 12.  The following provisions are repealed:
	(1)  Sections 411.2031(b), (c), (d-1), (d-2), (d-3),
	and (d-4), Government Code;
	(2)  Section 411.209, Government Code;
	(3)  Section 552.002, Health and Safety Code;
	(4)  Section 30.06(e), Penal Code;
	(5)  Section 30.07(e), Penal Code;
	(6)  Section 46.035(a-1), Penal Code, as added by
	Chapter 437 (H.B. 910), Acts of the 84th Legislature, Regular
	Session, 2015; and
	(7)  Section 46.035(a-3), Penal Code.
	SECTION 13.  The changes in law made by this Act to Sections
	30.06, 30.07, 46.03, 46.035, and 46.15, Penal Code, apply 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 14.  This Act takes effect September 1, 2021.