85R7710 JRR-F     By: Frullo H.B. No. 1935       A BILL TO BE ENTITLED   AN ACT   relating to the carrying of certain knives.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 37.007(a), Education Code, is amended to   read as follows:          (a)  Except as provided by Subsection (k), a student shall be   expelled from a school if the student, on school property or while   attending a school-sponsored or school-related activity on or off   of school property:                (1)  engages in conduct that contains the elements of   the offense of unlawfully carrying weapons under Section 46.02,   Penal Code, or elements of an offense relating to prohibited   weapons under Section 46.05, Penal Code;                (2)  engages in conduct that contains the elements of   the offense of:                      (A)  aggravated assault under Section 22.02,   Penal Code, sexual assault under Section 22.011, Penal Code, or   aggravated sexual assault under Section 22.021, Penal Code;                      (B)  arson under Section 28.02, Penal Code;                      (C)  murder under Section 19.02, Penal Code,   capital murder under Section 19.03, Penal Code, or criminal   attempt, under Section 15.01, Penal Code, to commit murder or   capital murder;                      (D)  indecency with a child under Section 21.11,   Penal Code;                      (E)  aggravated kidnapping under Section 20.04,   Penal Code;                      (F)  aggravated robbery under Section 29.03,   Penal Code;                      (G)  manslaughter under Section 19.04, Penal   Code;                      (H)  criminally negligent homicide under Section   19.05, Penal Code; or                      (I)  continuous sexual abuse of young child or   children under Section 21.02, Penal Code; [or]                (3)  engages in conduct specified by Section   37.006(a)(2)(C) or (D), if the conduct is punishable as a felony; or                (4)  uses, exhibits, or possesses:                      (A)  a knife with a blade over five and one-half   inches;                      (B)  a hand instrument designed to cut or stab   another by being thrown;                      (C)  a dagger, including a dirk, stiletto, and   poniard;                      (D)  a bowie knife;                      (E)  a sword; or                      (F)  a spear.          SECTION 2.  Section 52.031(a), Family Code, is amended to   read as follows:          (a)  A juvenile board may establish a first offender program   under this section for the referral and disposition of children   taken into custody, or accused prior to the filing of a criminal   charge, of:                (1)  conduct indicating a need for supervision;                (2)  a Class C misdemeanor, other than a traffic   offense; or                (3)  delinquent conduct other than conduct that   constitutes:                      (A)  a felony of the first, second, or third   degree, an aggravated controlled substance felony, or a capital   felony; or                      (B)  a state jail felony or misdemeanor involving   violence to a person or the use or possession of a firearm[, illegal   knife,] or club, as those terms are defined by Section 46.01, Penal   Code, or a prohibited weapon, as described by Section 46.05, Penal   Code.          SECTION 3.  Section 53.01(d), Family Code, is amended to   read as follows:          (d)  Unless the juvenile board approves a written procedure   proposed by the office of prosecuting attorney and chief juvenile   probation officer which provides otherwise, if it is determined   that the person is a child and, regardless of a finding of probable   cause, or a lack thereof, there is an allegation that the child   engaged in delinquent conduct of the grade of felony, or conduct   constituting a misdemeanor offense involving violence to a person   or the use or possession of a firearm[, illegal knife,] or club, as   those terms are defined by Section 46.01, Penal Code, or prohibited   weapon, as described by Section 46.05, Penal Code, the case shall be   promptly forwarded to the office of the prosecuting attorney,   accompanied by:                (1)  all documents that accompanied the current   referral; and                (2)  a summary of all prior referrals of the child to   the juvenile court, juvenile probation department, or a detention   facility.          SECTION 4.  Section 46.02(a), Penal Code, is amended to read   as follows:          (a)  A person commits an offense if the person:                (1)  intentionally, knowingly, or recklessly carries   on or about his or her person a handgun[, illegal knife,] or club;   and                (2)  [if the person] is not:                      (A) [(1)]  on the person's own premises or   premises under the person's control; or                      (B) [(2)]  inside of or directly en route to a   motor vehicle or watercraft that is owned by the person or under the   person's control.          SECTION 5.  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, [illegal   knife,] club, or prohibited weapon listed in Section 46.05(a):                (1)  on the physical premises of a school or   educational institution, any grounds or building on which an   activity sponsored by a school or educational institution is being   conducted, or a passenger transportation vehicle of a school or   educational institution, whether the school or educational   institution is public or private, unless:                      (A)  pursuant to written regulations or written   authorization of the 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 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 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; 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.          SECTION 6.  Section 46.06(a), Penal Code, is amended to read   as follows:          (a)  A person commits an offense if the person:                (1)  sells, rents, leases, loans, or gives a handgun to   any person knowing that the person to whom the handgun is to be   delivered intends to use it unlawfully or in the commission of an   unlawful act;                (2)  intentionally or knowingly sells, rents, leases,   or gives or offers to sell, rent, lease, or give to any child   younger than 18 years of age any firearm or[,] club[, or illegal   knife];                (3)  intentionally, knowingly, or recklessly sells a   firearm or ammunition for a firearm to any person who is   intoxicated;                (4)  knowingly sells a firearm or ammunition for a   firearm to any person who has been convicted of a felony before the   fifth anniversary of the later of the following dates:                      (A)  the person's release from confinement   following conviction of the felony; or                      (B)  the person's release from supervision under   community supervision, parole, or mandatory supervision following   conviction of the felony;                (5)  sells, rents, leases, loans, or gives a handgun to   any person knowing that an active protective order is directed to   the person to whom the handgun is to be delivered; or                (6)  knowingly purchases, rents, leases, or receives as   a loan or gift from another a handgun while an active protective   order is directed to the actor.          SECTION 7.  Sections 46.01(6) and 46.15(e), Penal Code, are   repealed.          SECTION 8.  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 9.  This Act takes effect September 1, 2017.