Bill Text: TX SB1289 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to prohibiting the carrying of a firearm on property owned or leased by a governmental entity.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-18 - Referred to State Affairs [SB1289 Detail]
Download: Texas-2021-SB1289-Introduced.html
87R10736 KJE-D | ||
By: Eckhardt | S.B. No. 1289 |
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relating to prohibiting the carrying of a firearm on property owned | ||
or leased by a governmental entity. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 411.2031, Government | ||
Code, is amended to read as follows: | ||
Sec. 411.2031. CARRYING OF HANDGUNS BY LICENSE HOLDERS ON | ||
CERTAIN PRIVATE CAMPUSES. | ||
SECTION 2. Sections 411.2031(a)(1) and (2), Government | ||
Code, are amended to read as follows: | ||
(1) "Campus" means all land and buildings owned or | ||
leased by a [ |
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independent institution of higher education. | ||
(2) "Private [ |
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[ |
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Code. | ||
SECTION 3. Section 411.2031(d), Government Code, is amended | ||
to read as follows: | ||
(d) A [ |
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independent institution of higher education in this state may | ||
establish rules, regulations, or other provisions prohibiting or | ||
regulating [ |
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other residential facilities that are owned or leased and operated | ||
by the institution and located on the campus of the institution. | ||
SECTION 4. Section 229.001(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) Subsection (a) does not affect the authority a | ||
municipality has under another law to: | ||
(1) require residents or public employees to be armed | ||
for personal or national defense, law enforcement, or another | ||
lawful purpose; | ||
(2) regulate the discharge of firearms or air guns | ||
within the limits of the municipality, other than at a sport | ||
shooting range; | ||
(3) except as provided by Subsection (b-1), adopt or | ||
enforce a generally applicable zoning ordinance, land use | ||
regulation, fire code, or business ordinance; | ||
(4) regulate the use of firearms, air guns, or knives | ||
in the case of an insurrection, riot, or natural disaster if the | ||
municipality finds the regulations necessary to protect public | ||
health and safety; | ||
(5) regulate the storage or transportation of | ||
explosives to protect public health and safety, except that 25 | ||
pounds or less of black powder for each private residence and 50 | ||
pounds or less of black powder for each retail dealer are not | ||
subject to regulation; | ||
(6) regulate the carrying of a firearm or air gun by a | ||
person other than a person licensed to carry a handgun under | ||
Subchapter H, Chapter 411, Government Code, at a: | ||
(A) public park; | ||
(B) public meeting of a municipality, county, or | ||
other governmental body; | ||
(C) political rally, parade, or official | ||
political meeting; or | ||
(D) nonfirearms-related school, college, or | ||
professional athletic event; | ||
(7) regulate the carrying of a firearm by a person | ||
licensed to carry a handgun under Subchapter H, Chapter 411, | ||
Government Code[ |
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(8) regulate the hours of operation of a sport | ||
shooting range, except that the hours of operation may not be more | ||
limited than the least limited hours of operation of any other | ||
business in the municipality other than a business permitted or | ||
licensed to sell or serve alcoholic beverages for on-premises | ||
consumption; | ||
(9) regulate the carrying of an air gun by a minor on: | ||
(A) public property; or | ||
(B) private property without consent of the | ||
property owner; or | ||
(10) except as provided by Subsection (d-1), regulate | ||
or prohibit an employee's carrying or possession of a firearm, | ||
firearm accessory, or ammunition in the course of the employee's | ||
official duties. | ||
SECTION 5. Section 236.002(c), Local Government Code, is | ||
amended to read as follows: | ||
(c) Subsection (a) does not affect the authority of a county | ||
to: | ||
(1) require a resident or public employee to be armed | ||
for personal or national defense, law enforcement, or other purpose | ||
under other law; | ||
(2) regulate the discharge of firearms or air guns in | ||
accordance with Section 235.022; | ||
(3) regulate the carrying of a firearm by a person | ||
licensed to carry a handgun under Subchapter H, Chapter 411, | ||
Government Code[ |
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(4) except as provided by Subsection (d), adopt or | ||
enforce a generally applicable land use regulation, fire code, or | ||
business regulation; or | ||
(5) except as provided by Subsection (e), regulate or | ||
prohibit an employee's carrying or possession of a firearm, firearm | ||
accessory, or ammunition in the course of the employee's official | ||
duties. | ||
SECTION 6. Section 46.03, Penal Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (a-2) 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, [ |
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(A) the actor possesses or goes with a weapon | ||
other than a firearm pursuant to written regulations or written | ||
authorization of the school or institution; [ |
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(B) the actor possesses or goes with a firearm on | ||
the premises of a private school or a private or independent | ||
institution of higher education, on any grounds or building on | ||
which an activity sponsored by the school or institution is being | ||
conducted, or in a passenger transportation vehicle of the school | ||
or institution pursuant to the written regulations or written | ||
authorization of the school or institution; or | ||
(C) the actor [ |
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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 [ |
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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; 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. | ||
(a-2) A person commits an offense if the person | ||
intentionally, knowingly, or recklessly possesses or goes with a | ||
firearm on premises owned or leased by a governmental entity. | ||
(b) It is a defense to prosecution under Subsections | ||
(a)(1)-(4) and (a-2) that the actor possessed a firearm while in the | ||
actual discharge of the actor's [ |
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the armed forces or national guard or a guard employed by a penal | ||
institution, or an officer of the court. | ||
SECTION 7. Section 46.03(c)(1), Penal Code, is amended to | ||
read as follows: | ||
(1) "Private [ |
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[ |
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Code. | ||
SECTION 8. Section 46.035(a-1), Penal Code, as added by | ||
Chapter 438 (S.B. 11), Acts of the 84th Legislature, Regular | ||
Session, 2015, is amended to read as follows: | ||
(a-1) Notwithstanding Subsection (a), a license holder | ||
commits an offense if the license holder carries a partially or | ||
wholly visible handgun, regardless of whether the handgun is | ||
holstered, on or about the license holder's person under the | ||
authority of Subchapter H, Chapter 411, Government Code, and | ||
intentionally or knowingly displays the handgun in plain view of | ||
another person: | ||
(1) on the premises of a [ |
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education; or | ||
(2) on any public or private driveway, street, | ||
sidewalk or walkway, parking lot, parking garage, or other parking | ||
area of a [ |
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independent institution of higher education. | ||
SECTION 9. Section 46.035(f)(1-a), Penal Code, is amended | ||
to read as follows: | ||
(1-a) "Private [ |
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[ |
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Code. | ||
SECTION 10. Sections 46.035(h) and (j), Penal Code, are | ||
amended to read as follows: | ||
(h) It is a defense to prosecution under Subsection (a), | ||
(a-1), or (a-2)[ |
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commission of the offense, displayed the handgun under | ||
circumstances in which the actor would have been justified in the | ||
use of force or deadly force under Chapter 9. | ||
(j) Subsections (a), (a-1), (a-2), [ |
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not apply to a historical reenactment performed in compliance with | ||
the rules of the Texas Alcoholic Beverage Commission. | ||
SECTION 11. Section 46.15(l), Penal Code, is amended to | ||
read as follows: | ||
(l) Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), [ |
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(a)(4), and (a-2), and 46.035(a), (a-1), (a-2), [ |
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(b)(5), and (b)(6) do not apply to a person who carries a handgun | ||
if: | ||
(1) the person carries the handgun on the premises, as | ||
defined by the statute providing the applicable offense, of a | ||
location operating as an emergency shelter during a state of | ||
disaster declared under Section 418.014, Government Code, or a | ||
local state of disaster declared under Section 418.108, Government | ||
Code; | ||
(2) the owner, controller, or operator of the premises | ||
or a person acting with the apparent authority of the owner, | ||
controller, or operator, authorized the carrying of the handgun; | ||
(3) the person carrying the handgun complies with any | ||
rules and regulations of the owner, controller, or operator of the | ||
premises that govern the carrying of a handgun on the premises; and | ||
(4) the person is not prohibited by state or federal | ||
law from possessing a firearm. | ||
SECTION 12. The following provisions are repealed: | ||
(1) Sections 411.2031(b), (c), (d-1), (d-2), (d-3), | ||
and (d-4), Government Code; | ||
(2) Section 411.209, Government Code; | ||
(3) Section 552.002, Health and Safety Code; | ||
(4) Section 30.06(e), Penal Code; | ||
(5) Section 30.07(e), Penal Code; | ||
(6) Section 46.035(a-1), Penal Code, as added by | ||
Chapter 437 (H.B. 910), Acts of the 84th Legislature, Regular | ||
Session, 2015; and | ||
(7) Section 46.035(a-3), Penal Code. | ||
SECTION 13. The changes in law made by this Act to Sections | ||
30.06, 30.07, 46.03, 46.035, and 46.15, Penal Code, apply 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 when 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 14. This Act takes effect September 1, 2021. |