BILL ANALYSIS

H.B. 1760

By: Hefner

Community Safety, Select

Committee Report (Unamended)

BACKGROUND AND PURPOSE

State law makes it an offense for a person to carry certain weapons on any grounds or building on which an activity sponsored by a school or educational institution is taking place. Although school-sponsored activities such as field trips, athletic events, and band competitions may occur on premises that are not owned by or under the control of a school or institution, current law could be interpreted in such a way that carrying a weapon on those premises is nonetheless an offense. This could put Texans in a situation in which their possession of an otherwise legal weapon is an offense simply because a group of students are present on the same premises. H.B. 1760 seeks to provide that it is an offense to carry a weapon on the premises where an activity sponsored by a school or postsecondary institution is being conducted only if the premises are owned and operated by the school or institution.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1760 amends the Penal Code to limit the grounds or buildings on which an activity sponsored by a school or educational institution is being conducted where the intentional, knowing, or reckless possession of or going with a firearm, location-restricted knife, club, or other prohibited weapon constitutes an offense to only grounds or buildings owned by and under the control of a school or postsecondary educational institution. The bill defines, for purposes of this offense, "postsecondary educational institution" as a public, private, or independent institution of higher education and "school" as an accredited primary or secondary school. The bill's provisions apply only to an offense committed on or after the bill's effective date. The bill provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.

EFFECTIVE DATE

September 1, 2023.