89R8222 AJZ-D
	By: Eckhardt	S.B. No. 633

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain offenses associated with possessing, carrying,
	exhibiting, or using a firearm on or within 1,000 feet of school
	property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 37.08131(b), Education Code, is amended
	to read as follows:
	(b)  A public or private primary or secondary school may
	enter into a memorandum of understanding with another public or
	private primary or secondary school under which a school marshal
	appointed to a campus of the school may temporarily act as a school
	marshal at a campus of the other school for the duration of an event
	occurring at the campus of the other school at which both schools
	are participating.  The memorandum of understanding must comply
	with the requirements for written regulations under Section 37.0811
	or 37.0813, as applicable, and may be used to satisfy the
	requirement for written regulations or written authorization under
	Section 46.03(a)(1-a) [46.03(a)(1)], Penal Code, to allow that
	school marshal to carry a firearm on the premises of the public or
	private primary or secondary school at which the event occurs.
	SECTION 2.  Section 37.0814(d), Education Code, is amended
	to read as follows:
	(d)  The board of trustees of a school district that claims a
	good cause exception under Subsection (c) must develop an
	alternative standard with which the district is able to comply,
	which may include providing a person to act as a security officer
	who is:
	(1)  a school marshal; or
	(2)  a school district employee or a person with whom
	the district contracts who:
	(A)  has completed school safety training
	provided by a qualified handgun instructor certified in school
	safety under Section 411.1901, Government Code; and
	(B)  carries a handgun on school premises in
	accordance with written regulations or written authorization of the
	district under Section 46.03(a)(1-a) [46.03(a)(1)(A)], Penal Code.
	SECTION 3.  Section 37.125(a), Education Code, is amended to
	read as follows:
	(a)  A person commits an offense if, in a manner intended to
	cause alarm or personal injury to another person or to damage school
	property, the person intentionally:
	(1)  exhibits or uses a firearm:
	(A)  on or within 1,000 feet of property owned by a
	private or public school, as measured from any point on the school's
	real property boundary line [in or on any property, including a
	parking lot, parking garage, or other parking area, that is owned by
	a private or public school]; or
	(B)  on a school bus being used to transport
	children to or from school-sponsored activities of a private or
	public school;
	(2)  threatens to exhibit or use a firearm [in or] on or
	within 1,000 feet of property described by Subdivision (1)(A) or on
	a bus described by Subdivision (1)(B) and was in possession of or
	had immediate access to the firearm; or
	(3)  threatens to exhibit or use a firearm [in or] on or
	within 1,000 feet of property described by Subdivision (1)(A) or on
	a bus described by Subdivision (1)(B).
	SECTION 4.  Section 46.03, Penal Code, is amended by
	amending Subsection (a) and adding Subsection (j) 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)  with respect to a location-restricted knife, club,
	or prohibited weapon listed in Section 46.05(a), on the premises of
	a school, on any grounds or building owned by and under the control
	of a school and on which an activity sponsored by the school is
	being conducted, or in a passenger transportation vehicle of a
	school, whether the school is public or private, unless the person
	possesses or goes with the weapon pursuant to written regulations
	or written authorization of the school;
	(1-a)  with respect to a firearm, on or within 1,000
	feet of the premises of a school, on or within 1,000 feet of any
	grounds or building owned by and under the control of a school and
	on which an activity sponsored by the school is being conducted, or
	in a passenger transportation vehicle of a school, whether the
	school is public or private, unless the person possesses or goes
	with the firearm pursuant to written regulations or written
	authorization of the school;
	(1-b)  on the premises of a [school or] postsecondary
	educational institution, on any grounds or building owned by and
	under the control of a [school or] postsecondary educational
	institution and on which an activity sponsored by the [school or]
	institution is being conducted, or in a passenger transportation
	vehicle of a [school or] postsecondary educational institution,
	whether the [school or] postsecondary 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 on the premises,
	grounds, or building of the institution or in the passenger
	transportation vehicle of the institution 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 postsecondary educational
	institution, on any grounds or building owned by and under the
	control of the institution and 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;
	(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;
	(7)  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;
	(8)  on the premises where a high school, collegiate,
	or professional sporting event or interscholastic event is taking
	place, unless the person is a participant in the event and a
	firearm, location-restricted knife, club, or prohibited weapon
	listed in Section 46.05(a) is used in the event;
	(9)  on the premises of a correctional facility;
	(10)  on the premises of a civil commitment facility;
	(11)  on the premises of a hospital licensed under
	Chapter 241, Health and Safety Code, or on the premises of a nursing
	facility licensed under Chapter 242, Health and Safety Code, unless
	the person has written authorization of the hospital or nursing
	facility administration, as appropriate;
	(12)  on the premises of a mental hospital, as defined
	by Section 571.003, Health and Safety Code, unless the person has
	written authorization of the mental hospital administration;
	(13)  in an amusement park; or
	(14)  in the room or rooms where a meeting of a
	governmental entity is held, if the meeting is an open meeting
	subject to Chapter 551, Government Code, and if the entity provided
	notice as required by that chapter.
	(j)  It is a defense to prosecution under Subsection (a)(1-a)
	that the actor otherwise lawfully possessed the firearm and that:
	(1)  the actor's possession occurred on private
	property that is the actor's place of residence and that is not
	located on or otherwise part of the school grounds; or
	(2)  the firearm at all times remained stored in a
	privately owned or leased motor vehicle while the vehicle was:
	(A)  in transit through or within the prohibited
	area described by Subsection (a)(1-a), provided that the vehicle
	did not travel through any part of the school grounds; or
	(B)  stopped for a legitimate purpose in the area
	allowed under Paragraph (A), including for the purpose of a traffic
	stop or an actual emergency.
	SECTION 5.  Section 46.11(b), Penal Code, is amended to read
	as follows:
	(b)  This section does not apply to an offense under Section
	46.03(a)(1), (1-a), or (1-b) [Section 46.03(a)(1)].
	SECTION 6.  Section 46.15(l), Penal Code, is amended to read
	as follows:
	(l)  Sections 46.02 and 46.03(a)(1-a), (1-b), (2), (3), and
	(4) [46.03(a)(1), (a)(2), (a)(3), and (a)(4)] 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 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 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 8.  This Act takes effect September 1, 2025.