Bill Text: TX HB1009 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the prosecution of the offense of possessing a weapon in certain prohibited places associated with schools or postsecondary educational institutions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-02-26 - Referred to Criminal Jurisprudence [HB1009 Detail]
Download: Texas-2019-HB1009-Introduced.html
86R2367 KJE-F | ||
By: Metcalf | H.B. No. 1009 |
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relating to the prosecution of the offense of possessing a weapon in | ||
certain prohibited places associated with schools or postsecondary | ||
educational institutions. | ||
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 [ |
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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 | ||
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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 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 [ |
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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; 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. | ||
SECTION 2. Section 46.03(c), Penal Code, is amended by | ||
adding Subdivisions (1-a) and (2-a) to read as follows: | ||
(1-a) "Postsecondary educational institution" means | ||
an institution of higher education or a private or independent | ||
institution of higher education. | ||
(2-a) "School" means an accredited primary or | ||
secondary school. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2019. |