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. |