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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of possessing or |
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carrying certain weapons in certain facilities or residences |
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providing services to individuals with an intellectual disability |
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or a developmental disability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as Joshua's Act. |
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SECTION 2. Sections 46.03(a) and (g-2), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person intentionally, |
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knowingly, or recklessly possesses or goes with a firearm, |
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location-restricted knife, club, or prohibited weapon listed in |
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Section 46.05(a): |
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(1) on the premises of a school or postsecondary |
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educational institution, on any grounds or building owned by and |
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under the control of a school or postsecondary educational |
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institution and on which an activity sponsored by the school or |
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institution is being conducted, or in a passenger transportation |
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vehicle of a school or postsecondary educational institution, |
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whether the school or postsecondary educational institution is |
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public or private, unless: |
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(A) pursuant to written regulations or written |
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authorization of the school or institution; or |
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(B) the person possesses or goes with a concealed |
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handgun that the person is licensed to carry under Subchapter H, |
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Chapter 411, Government Code, and no other weapon to which this |
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section applies, on the premises of a postsecondary educational |
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institution, on any grounds or building owned by and under the |
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control of the institution and on which an activity sponsored by the |
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institution is being conducted, or in a passenger transportation |
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vehicle of the institution; |
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(2) on the premises of a polling place on the day of an |
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election or while early voting is in progress; |
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(3) on the premises of any government court or offices |
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utilized by the court, unless pursuant to written regulations or |
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written authorization of the court; |
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(4) on the premises of a racetrack; |
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(5) in or into a secured area of an airport; |
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(6) within 1,000 feet of premises the location of |
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which is designated by the Texas Department of Criminal Justice as a |
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place of execution under Article 43.19, Code of Criminal Procedure, |
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on a day that a sentence of death is set to be imposed on the |
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designated premises and the person received notice that: |
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(A) going within 1,000 feet of the premises with |
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a weapon listed under this subsection was prohibited; or |
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(B) possessing a weapon listed under this |
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subsection within 1,000 feet of the premises was prohibited; |
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(7) on the premises of a business that has a permit or |
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license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic |
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Beverage Code, if the business derives 51 percent or more of its |
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income from the sale or service of alcoholic beverages for |
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on-premises consumption, as determined by the Texas Alcoholic |
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Beverage Commission under Section 104.06, Alcoholic Beverage Code; |
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(8) on the premises where a high school, collegiate, |
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or professional sporting event or interscholastic event is taking |
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place, unless the person is a participant in the event and a |
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firearm, location-restricted knife, club, or prohibited weapon |
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listed in Section 46.05(a) is used in the event; |
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(9) on the premises of a correctional facility; |
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(10) on the premises of a civil commitment facility; |
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(11) on the premises of a hospital licensed under |
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Chapter 241, Health and Safety Code, or on the premises of a nursing |
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facility licensed under Chapter 242, Health and Safety Code, unless |
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the person has written authorization of the hospital or nursing |
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facility administration, as appropriate; |
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(12) on the premises of a mental hospital, as defined |
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by Section 571.003, Health and Safety Code, unless the person has |
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written authorization of the mental hospital administration; |
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(13) in an amusement park; [or] |
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(14) in the room or rooms where a meeting of a |
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governmental entity is held, if the meeting is an open meeting |
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subject to Chapter 551, Government Code, and if the entity provided |
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notice as required by that chapter; or |
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(15) on the premises of: |
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(A) an intermediate care facility licensed under |
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Chapter 252, Health and Safety Code; |
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(B) a state supported living center, as defined |
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by Section 531.002, Health and Safety Code; or |
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(C) a group home or other residential facility |
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that is licensed by or operated under the authority of the Health |
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and Human Services Commission, including a group home or facility |
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licensed or operated under a Medicaid waiver program authorized |
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under Section 1915(c) of the Social Security Act (42 U.S.C. Section |
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1396n(c)), and that provides community-based residential care |
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services: |
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(i) to not more than four persons with an |
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intellectual disability or a developmental disability at any time; |
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and |
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(ii) at a residence other than the person's |
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home. |
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(g-2) An offense committed under Subsection (a)(8), |
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(a)(10), (a)(11), (a)(13), (a)(15), (a-2), (a-3), or (a-4) is a |
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Class A misdemeanor. |
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SECTION 3. Section 46.03(c), Penal Code, is amended by |
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adding Subdivisions (1-a) and (2-a) to read as follows: |
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(1-a) "Developmental disability" has the meaning |
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assigned by Section 614.001, Health and Safety Code. |
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(2-a) "Intellectual disability" has the meaning |
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assigned by Section 591.003, Health and Safety Code. |
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SECTION 4. Section 46.15(p), Penal Code, is amended to read |
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as follows: |
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(p) Sections 46.03(a)(7), (11), [and] (13), and (15) do not |
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apply if the actor: |
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(1) carries a handgun on the premises or other |
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property, as applicable; |
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(2) holds a license to carry a handgun issued under |
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Subchapter H, Chapter 411, Government Code; and |
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(3) was not given effective notice under Section 30.06 |
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or 30.07 of this code or Section 411.204, Government Code, as |
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applicable. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 6. This Act takes effect September 1, 2025. |