It looks like this language is being struck from the code:
Code: Select all
[(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital or nursing
home administration, as appropriate;
[(5) in an amusement park; or
[(6) on the premises of a church, synagogue, or other
established place of religious worship].
So the net effect if passed is that, whereas the
old law reads like this:
Code: Select all
(b) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, on or about the
license holder's person:
(1) 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;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event; or
(3) on the premises of a correctional facility;
(4) on the premises of a hospital licensed under
Chapter 241, Health and Safety Code, or on the premises of a nursing
home licensed under Chapter 242, Health and Safety Code, unless the
license holder has written authorization of the hospital or nursing
home administration, as appropriate;
(5) in an amusement park; or
(6) on the premises of a church, synagogue, or other
established place of religious worship].
(c) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, at any meeting of a
governmental entity, unless the license holder has not received
effective notice under Section 30.06.
....the
new law reads like this:
Code: Select all
(b) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, on or about the
license holder's person:
(1) 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;
(2) on the premises where a high school, collegiate,
or professional sporting event or interscholastic event is taking
place, unless the license holder is a participant in the event and a
handgun is used in the event; or
(3) on the premises of a correctional facility;
(c) A license holder commits an offense if the license
holder intentionally, knowingly, or recklessly carries a handgun
under the authority of Subchapter H, Chapter 411, Government Code,
regardless of whether the handgun is concealed, at any meeting of a
governmental entity, unless the license holder has not received
effective notice under Section 30.06.
Previously, the history of the law looked like this:
Original: no carry in hospitals, amusement parks, or churches.
That was soon after modified to:
It is a defense to prosecution if said hospital, amusement park, or church is not posted 30.06.
New law: hospitals, amusement parks, and churches are no longer considered as requiring a defense to prosecution through lack of 30.06 for you to carry in them. In other words,
they can still post 30.06, but you require no defense to prosecution to carry in those venues where there is no 30.06, because carry in those venues is no longer prohibited by law.
Substitute "Wal-Mart" in the language for either hospital, 6-Flags, or church, and you'll begin to understand the difference. After CHL was enacted, it was NEVER illegal to carry into a Wal-mart, unless they posted a conspicuous compliant 30.06 sign. It was ALWAYS against the law to carry into a church or hospital, but following addition of 30.06 language, you had a
defense to prosecution if they did not post 30.06 signs. The practical effect was to put hospitals and churches into a gray area. The new law puts hospitals, churches, and amusement parks into the same class as Wal-Mart. You no longer will need the defense to prosecution of no 30.06 posted in order to carry there. OTH, if they post 30.06, it is still off limits.
So, no real
practical difference, but a fairly significant
legal difference.