88R6102 MEW-F
	By: Hefner	H.B. No. 1760

	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,
	location-restricted 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;
	(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;
	(7)  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;
	(8)  on the premises where a high school, collegiate,
	or professional sporting event or interscholastic event is taking
	place, unless the person is a participant in the event and a
	firearm, location-restricted knife, club, or prohibited weapon
	listed in Section 46.05(a) is used in the event;
	(9)  on the premises of a correctional facility;
	(10)  on the premises of a civil commitment facility;
	(11)  on the premises of a hospital 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 person has written authorization of the hospital or nursing
	facility administration, as appropriate;
	(12)  on the premises of a mental hospital, as defined
	by Section 571.003, Health and Safety Code, unless the person has
	written authorization of the mental hospital administration;
	(13)  in an amusement park; or
	(14)  in the room or rooms where a meeting of a
	governmental entity is held, if the meeting is an open meeting
	subject to Chapter 551, Government Code, and if the entity provided
	notice as required by that chapter.
	SECTION 2.  Section 46.03(c), Penal Code, is amended by
	adding Subdivisions (3-a) and (4-a) to read as follows:
	(3-a)  "Postsecondary educational institution" means
	an institution of higher education or a private or independent
	institution of higher education.
	(4-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, 2023.