83R3442 JSC-D
 
  By: Kleinschmidt H.B. No. 1078
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the carrying of concealed handguns on certain premises
  of or locations associated with institutions of higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 46.03(a) and (c), Penal Code, are
  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
  [educational] institution of higher education or private or
  independent institution of higher education, any grounds or
  building on which an activity sponsored by a school or
  [educational] institution of higher education or private or
  independent institution of higher education is being conducted, or
  a passenger transportation vehicle of a school or [educational]
  institution of higher education or private or independent
  institution of higher education, whether the school or
  [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 pursuant to a license
  issued under Subchapter H, Chapter 411, Government Code, on the
  premises of an institution of higher education or private or
  independent institution of higher education, on any grounds or
  building on which an activity sponsored by the institution is being
  conducted, or on 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.
         (c)  In this section:
               (1)  "Institution of higher education" and "private or
  independent institution of higher education" have the meanings
  assigned by Section 61.003, Education Code.
               (2) [(1)]  "Premises" has the meaning assigned by
  Section 46.035.
               (3) [(2)]  "Secured area" means an area of an airport
  terminal building to which access is controlled by the inspection
  of persons and property under federal law.
         SECTION 2.  Section 46.035, Penal Code, is amended by adding
  Subsection (l) to read as follows:
         (l)  Subsection (b)(2) does not apply on the premises where a
  collegiate sporting event is taking place if the actor was not given
  effective notice under Section 30.06.
         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, 2013.