By: Zwiener H.B. No. 4141       A BILL TO BE ENTITLED   AN ACT   relating to certain offenses that are associated with possessing,   carrying, exhibiting, or using a firearm on or within 1,000 feet of   school property.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 37.08131(b), Education Code, is amended   to read as follows:          (b)  A public or private primary or secondary school may   enter into a memorandum of understanding with another public or   private primary or secondary school under which a school marshal   appointed to a campus of the school may temporarily act as a school   marshal at a campus of the other school for the duration of an event   occurring at the campus of the other school at which both schools   are participating.  The memorandum of understanding must comply   with the requirements for written regulations under Section 37.0811   or 37.0813, as applicable, and may be used to satisfy the   requirement for written regulations or written authorization under   Section 46.03(a)(1-a) [46.03(a)(1)], Penal Code, to allow that   school marshal to carry a firearm on the premises of the public or   private primary or secondary school at which the event occurs.          SECTION 2.  Section 37.0814(d), Education Code, is amended   to read as follows:          (d)  The board of trustees of a school district that claims a   good cause exception under Subsection (c) must develop an   alternative standard with which the district is able to comply,   which may include providing a person to act as a security officer   who is:                (1)  a school marshal; or                (2)  a school district employee or a person with whom   the district contracts who:                      (A)  has completed school safety training   provided by a qualified handgun instructor certified in school   safety under Section 411.1901, Government Code; and                      (B)  carries a handgun on school premises in   accordance with written regulations or written authorization of the   district under Section 46.03(a)(1-a) [46.03(a)(1)(A)], Penal Code.          SECTION 3.  Section 37.125(a), Education Code, is amended to   read as follows:          (a)  A person commits an offense if, in a manner intended to   cause alarm or personal injury to another person or to damage school   property, the person intentionally:                (1)  exhibits or uses a firearm:                      (A)  on or within 1,000 feet of property owned by a   private or public school, as measured from any point on the school's   real property boundary line [in or on any property, including a   parking lot, parking garage, or other parking area, that is owned by   a private or public school]; or                      (B)  on a school bus being used to transport   children to or from school-sponsored activities of a private or   public school;                (2)  threatens to exhibit or use a firearm [in or] on or   within 1,000 feet of property described by Subdivision (1)(A) or on   a bus described by Subdivision (1)(B) and was in possession of or   had immediate access to the firearm; or                (3)  threatens to exhibit or use a firearm [in or] on or   within 1,000 feet of property described by Subdivision (1)(A) or on   a bus described by Subdivision (1)(B).          SECTION 4.  Section 46.03, Penal Code, is amended by   amending Subsection (a) and adding Subsection (j) 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)  with respect to a location-restricted knife, club,   or prohibited weapon listed in Section 46.05(a), on the premises of   a school, on any grounds or building owned by and under the control   of a school and on which an activity sponsored by the school is   being conducted, or in a passenger transportation vehicle of a   school, whether the school is public or private, unless the person   possesses or goes with the weapon pursuant to written regulations   or written authorization of the school;                (1-a)  with respect to a firearm, on or within 1,000   feet of the premises of a school, on or within 1,000 feet of any   grounds or building owned by and under the control of a school and   on which an activity sponsored by the school is being conducted, or   in a passenger transportation vehicle of a school, whether the   school is public or private, unless the person possesses or goes   with the firearm pursuant to written regulations or written   authorization of the school;                (1-b)  on the 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 [school or]   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 on the premises,   grounds, or building of the institution or in the passenger   transportation vehicle of the institution 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, 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.          (j)  It is a defense to prosecution under Subsection (a)(1-a)   that the actor otherwise lawfully possessed the firearm and that:                (1)  the actor's possession occurred on private   property, including in a place of residence or place of business,   that is not located on or otherwise part of the school grounds if:                      (A)  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;                      (B)  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                      (C)  the person is not prohibited by state or   federal law from possessing a firearm; or                (2)  the firearm at all times remained stored in a   locked container in, or the locked trunk of, a privately owned or   leased motor vehicle while the vehicle was in transit between:                      (A)  any properties described by Subdivision (1)   that are located within the prohibited area described by Subsection   (a)(1-a); or                      (B)  a property described by Subdivision (1) and   another location outside the prohibited area described by   Subsection (a)(1-a).          SECTION 5.  Section 46.11(b), Penal Code, is amended to read   as follows:          (b)  This section does not apply to an offense under Section   46.03(a)(1), (1-a), or (1-b) [Section 46.03(a)(1)].          SECTION 6.  Section 46.15(l), Penal Code, is amended to read   as follows:          (l)  Sections 46.02 and 46.03(a)(1-a), (a)(1-b)   [46.03(a)(1)], (a)(2), (a)(3), and (a)(4) 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 7.  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 8.  This Act takes effect September 1, 2025.