HB1040 - Relating to the prosecution of the offense of possessing or carrying certain weapons in certain facilities or residences providing services to individuals with an intellectual disability or a developmental disability.

  89R1525 LHC-D     By: Turner H.B. No. 1040       A BILL TO BE ENTITLED   AN ACT   relating to the prosecution of the offense of possessing or   carrying certain weapons in certain facilities or residences   providing services to individuals with an intellectual disability   or a developmental disability.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as Joshua's Act.          SECTION 2.  Sections 46.03(a) and (g-2), 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,   location-restricted knife, club, or prohibited weapon listed in   Section 46.05(a):                (1)  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 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 ; or                 (15)  on the premises of:                       (A)     an intermediate care facility licensed under   Chapter 252, Health and Safety Code;                       (B)     a state supported living center, as defined   by Section 531.002, Health and Safety Code; or                       (C)     a group home or other residential facility   that is licensed by or operated under the authority of the Health   and Human Services Commission, including a group home or facility   licensed or operated under a Medicaid waiver program authorized   under Section 1915(c) of the Social Security Act (42 U.S.C. Section   1396n(c)), and that provides community-based residential care   services:                             (i)     to not more than four persons with an   intellectual disability or a developmental disability at any time;   and                             (ii)     at a residence other than the person's   home .          (g-2)  An offense committed under Subsection (a)(8),   (a)(10), (a)(11), (a)(13), (a)(15), (a-2), (a-3), or (a-4) is a   Class A misdemeanor.          SECTION 3.  Section 46.03(c), Penal Code, is amended by   adding Subdivisions (1-a) and (2-a) to read as follows:                 (1-a)     "Developmental disability" has the meaning   assigned by Section 614.001, Health and Safety Code.                 (2-a)     "Intellectual disability" has the meaning   assigned by Section 591.003, Health and Safety Code.          SECTION 4.  Section 46.15(p), Penal Code, is amended to read   as follows:          (p)  Sections 46.03(a)(7), (11), [ and ] (13) , and (15) do not   apply if the actor:                (1)  carries a handgun on the premises or other   property, as applicable;                (2)  holds a license to carry a handgun issued under   Subchapter H, Chapter 411, Government Code; and                (3)  was not given effective notice under Section 30.06   or 30.07 of this code or Section 411.204, Government Code, as   applicable.          SECTION 5.  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 6.  This Act takes effect September 1, 2025.