Relating to the locations in which carrying certain weapons is prohibited and the applicability of a defense to prosecution for an offense relating to carrying a handgun in certain prohibited locations and associated notice requirements.
https://capitol.texas.gov/tlodocs/88R/billtext/html/HB02960E.htm
| By: Cain, Holland, Isaac, Hefner, Patterson, | H.B. No. 2960 | |
| et al. | ||
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| relating to the locations in which carrying certain weapons is | ||
| prohibited and the applicability of a defense to prosecution for an | ||
| offense relating to carrying a handgun in certain prohibited | ||
| locations and associated notice requirements. | ||
| 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 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) pursuant to written regulations or written | ||
| authorization of the 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 of 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; | ||
| (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, or a state hospital, as | ||
| defined by Section 552.0011, Health and Safety Code, unless the | ||
| person has written authorization of the mental or state 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. | ||
| SECTION 2. Sections 46.15(n) and (o), Penal Code, are | ||
| amended to read as follows: | ||
| (n) The defense provided by Subsection (m) does not apply to | ||
| an offense under Section 46.03(a)(1), (5), (11), or (12) if: | ||
| (1) a sign described by Subsection (o) was posted | ||
| prominently at each entrance to the premises or other property, as | ||
| applicable; or | ||
| (2) at the time of the offense, the actor knew that | ||
| carrying a firearm or other weapon on the premises or other property | ||
| was prohibited. | ||
| (o) A person may provide notice that firearms and other | ||
| weapons are prohibited under Section 46.03 on the premises or other | ||
| property, as applicable, described by Subsection (a)(1), (5), (11), | ||
| or (12) of that section, by posting a sign at each entrance to the | ||
| premises or other property that: | ||
| (1) includes language that is identical to or | ||
| substantially similar to the following: "Pursuant to Section 46.03, | ||
| Penal Code (places weapons prohibited), a person may not carry a | ||
| firearm or other weapon on this property"; | ||
| (2) includes the language described by Subdivision (1) | ||
| in both English and Spanish; | ||
| (3) appears in contrasting colors with block letters | ||
| at least one inch in height; and | ||
| (4) is displayed in a conspicuous manner clearly | ||
| visible to the public. | ||
| SECTION 3. The following provisions are repealed: | ||
| (1) Section 411.209(i), Government Code; and | ||
| (2) Section 552.002, Health and Safety Code. | ||
| 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, 2023. | ||
