Bill Text: TX HB392 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to certain offenses involving the carrying of handguns by license holders on the premises of certain hospitals, mental health facilities, and nursing facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-02-16 - Referred to Homeland Security & Public Safety [HB392 Detail]

Download: Texas-2017-HB392-Introduced.html

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85R2340 AJZ-D
By: Howard H.B. No. 392

A BILL TO BE ENTITLED
AN ACT
relating to certain offenses involving the carrying of handguns by
license holders on the premises of certain hospitals, mental health
facilities, and nursing facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.204, Government Code, is amended by
amending Subsection (b) and adding Subsection (f) to read as
follows:
(b) A hospital, mental health facility [licensed under
Chapter 241, Health and Safety Code], or [a] nursing facility [home
licensed under Chapter 242, Health and Safety Code,] shall
prominently display at each entrance to the hospital or facility
[nursing home], as appropriate, a sign that complies with the
requirements of Subsection (c) other than the requirement that the
sign include on its face the number "51".
(f) In this section:
(1) "Hospital" has the meaning assigned by Section
241.003, Health and Safety Code.
(2) "Mental health facility" has the meaning assigned
by Section 571.003, Health and Safety Code.
(3) "Nursing facility" has the meaning assigned by
Section 242.301, Health and Safety Code.
SECTION 2. Section 46.03, Penal Code, is amended by adding
Subsection (j) to read as follows:
(j) Subsection (a)(1)(B) does not permit a person to possess
a concealed handgun, or go with a concealed handgun, on the premises
of a hospital or mental health facility maintained or operated by an
institution of higher education or private or independent
institution of higher education if the hospital or facility gives
effective notice under Section 30.06 or under Section 411.204,
Government Code. In this subsection, "hospital" has the meaning
assigned by Section 241.003, Health and Safety Code, and "mental
health facility" has the meaning assigned by Section 571.003,
Health and Safety Code.
SECTION 3. Section 46.035, Penal Code, is amended by
amending Subsections (b) and (i) and adding Subsection (i-1) to
read as follows:
(b) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed or carried in a
shoulder or belt holster, on or about the license holder's person:
(1) 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;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event;
(3) on the premises of a correctional facility;
(4) on the premises of a hospital, mental health
facility [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 license holder has written
authorization of the administration of the hospital or [nursing]
facility [administration], as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other
established place of religious worship.
(i) Subsections [(b)(4),] (b)(5), (b)(6), and (c) do not
apply if the actor was not given effective notice under Section
30.06 or 30.07.
(i-1) Subsection (b)(4) does not apply if the actor was not
given effective notice under Section 30.06 or 30.07 or under
Section 411.204, Government Code.
SECTION 4. Section 46.035(f), Penal Code, is amended by
amending Subdivision (1-a) and adding Subdivisions (1-b), (2-a),
and (2-b) to read as follows:
(1-a) "Hospital" has the meaning assigned by Section
241.003, Health and Safety Code.
(1-b) "Institution of higher education" and "private
or independent institution of higher education" have the meanings
assigned by Section 61.003, Education Code.
(2-a) "Mental health facility" has the meaning
assigned by Section 571.003, Health and Safety Code.
(2-b) "Nursing facility" has the meaning assigned by
Section 242.301, Health and Safety Code.
SECTION 5. 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 6. This Act takes effect September 1, 2017.