Bill Text: TX HB255 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the offense involving the carrying of handguns by license holders on the premises or property of certain recreational facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-04-18 - Left pending in committee [HB255 Detail]

Download: Texas-2017-HB255-Introduced.html
  85R2529 KJE-D
 
  By: Anchia H.B. No. 255
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the offense involving the carrying of handguns by
  license holders on the premises or property of certain recreational
  facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 46.035(b) and (i), Penal Code, are
  amended 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 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 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; or
               (7)  regardless of whether the facility is enclosed and
  if the facility is not a premises on which an event is occurring as
  described by Subdivision (2), on the premises or property of an
  indoor or outdoor arena, stadium, golf course, automobile
  racetrack, amphitheater, auditorium, theater, museum, zoo, civic
  center, or convention center, unless the license holder is a
  participant in an event conducted at the facility and a handgun is
  used in the event.
         (i)  Subsections (b)(4), (b)(5), (b)(6), (b)(7), and (c) do
  not apply if the actor was not given effective notice under Section
  30.06 or 30.07.
         SECTION 2.  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 3.  This Act takes effect September 1, 2017.
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