Bill Text: TX SB349 | 2017-2018 | 85th Legislature | Comm Sub


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 5-0)

Status: (Engrossed) 2017-05-19 - Committee report sent to Calendars [SB349 Detail]

Download: Texas-2017-SB349-Comm_Sub.html
  85R15569 KJE-F
 
  By: Creighton, et al. S.B. No. 349
 
  (Metcalf)
 
  Substitute the following for S.B. No. 349:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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, illegal
  knife, club, or prohibited weapon listed in Section 46.05(a):
               (1)  on the [physical] premises of a school or
  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
  [a] school or [educational] institution is being conducted, or in a
  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 [an institution of higher education or private or
  independent institution of higher education], on any grounds or
  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, 2017.
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