By: Hefner (Senate Sponsor - Hughes) H.B. No. 1760          (In the Senate - Received from the House April 18, 2023;   April 19, 2023, read first time and referred to Committee on State   Affairs; May 5, 2023, reported favorably by the following vote:     Yeas 9, Nays 1, one present not voting; May 5, 2023, sent to   printer.)Click here to see the committee vote     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.     * * * * *